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TODAY'S TOP DEVELOPMENTS Tuesday, September 8, 2015   Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.  CASE LAW Superstorm Sandy Amtrak’s Stunning Superstorm Sandy Setback: The Court’s Rationale A federal district court in New York has issued a memorandum explaining its reasoning behind orders that rejected arguments brought by Amtrak against its insurers stemming from losses suffered by Amtrak as a result of Superstorm Sandy. Read More Commercial General Liability California Supreme: Insurer May Seek Reimbursement of Fees Directly from Cumis Counsel The California Supreme Court has ruled that an insurer may seek reimbursement directly from counsel when, in satisfaction of its duty to fund its insureds’ defense in a third party action against them, the insurer paid bills submitted by the insureds’ independent counsel for the fees and costs of mounting the defense and it did so in compliance with a court order expressly preserving the insurer’s post-litigation right to recover “unreasonable and unnecessary” amounts billed by counsel. Read More Excess Tenth Circuit: Excess Insurer Had No Duty to Initiate Settlement Negotiations with Third-Party Claimant The U.S. Court of Appeals for the Tenth Circuit, deciding an issue of first impression under Oklahoma law, has ruled that an excess liability insurer did not owe its insured a duty to initiate settlement negotiations with a third-party claimant even where the insured’s liability to the claimant was clear and the insured likely would be held liable for more than its insurance would cover. Read More Workers Compensation Iowa Supreme: State’s Workers’ Comp Law Did Not Override Work Product Immunity for Surveillance Videos The Iowa Supreme Court has determined that Iowa Code Section 85.27(2), of the state’s workers’ compensation law, did not override work product immunity and, therefore, did not require the disclosure of surveillance video of a claimant who sought workers’ compensation benefits before the claimant was deposed. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Alternative Risk and Captives Ohio Licenses First Captive Insurance Company Imprise Financial PCC, Inc., has been licensed as Ohio’s first “protected cell” captive insurance company. Read More In the States Darren T. Ellingson Is Named New Acting Director of Insurance in Arizona Arizona Governor Douglas A. Ducey has appointed Darren T. Ellingson as Acting Director of Insurance. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Kansas City Crowned Safest Driving City in the U.S. Read More America’s 10 Most Stolen Vehicles Are… Read More Aspen U.S. Insurance Appoints Dominick Tassone as Head of Programs Read More Anthem Appoints Brian Griffin Executive Vice President and President of Its Commercial and Specialty Business Operations Read More Auto-Owners Insurance Acquires Atlantic Casualty Read More View All Industry News   ISO Form CU 21 73 06 15 Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire July/August Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.com FC&S Legal Editorial Advisory Board Mitchell J. Auslander, Willkie Farr & Gallagher LLP Carrie Cope, Schuyler, Roche & Crisham, P.C. Anjali C. Das, Wilson Elser John F. Finnegan, Chadbourne & Parke LLP Michele L. Jacobson, Stroock & Stroock & Lavan LLP Timothy P. Law, Reed Smith LLP Cort T. Malone, Anderson Kill, P.C. Richard D. Milone, Kelley Drye & Warren LLP Joseph P. Monteleone, Rivkin Radler LLP Anne M. Murray, Rivkin Radler LLP Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP Seth B. Schafler, Proskauer Rose LLP Thomas F. Segalla, Goldberg Segalla David D. Thamann, The National Underwriter Company FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. Copyright ©2015 The National Underwriter Company, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874