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TODAY'S TOP DEVELOPMENTS |
Wednesday, September 11, 2013 |
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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.
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Exclusions
Unintended Consequences of Intentional Discharges Are Not "Accidental" for Purposes of Pollution Exclusion, Second Circuit Affirms
The U.S. Court of Appeals for the Second Circuit has affirmed that pollution exclusion provisions in several policies barred coverage for proceedings brought against the insured by the New York State Department of Environmental Conservation, confirming that, under New York law, the unintended consequences of intentional discharges were not "accidental". Read More
Homeowners Insurance
Insurer that Relied on Local Investigators' Arson Report Is Immune from Insured's Bad Faith Claim, Washington Court Decides
A federal district court in Washington has dismissed an insured's claims against his homeowner's insurer for bad faith denial of his claim for fire damage to his home and for failure to conduct a reasonable investigation of his claim where the insurer relied on an arson report by local investigators that concluded that the fire had been intentionally set and that said that the insured was the only suspect. Read More
Personal Watercraft
Lawyer Who Pleaded Guilty to Boating under the Influence after Colliding with Another Boat Loses Bid for Defense of Action Seeking Damages from the Collision
A federal district court in Alabama has ruled that a lawyer who pleaded guilty to boating under the influence after colliding with another boat was not entitled to a defense from his insurance carrier in a state court action seeking damages from the collision. Read More
Subrogation
FEHBA Does Not Preempt Arizona Rule Barring Subrogation between Injured Insured and FEHBA Insurer, Arizona Appeals Court Holds
An appellate court in Arizona has ruled that Section 8902(m)(1) of the Federal Employee Health Benefits Act, which provides that certain types of FEHBA contract terms preempt state laws, did not preempt the Arizona rule that barred subrogation in personal injury cases and that, as a result, a FEHBA insurer was not entitled to enforce subrogation rights against an injured insured. Read More |
View All Case Law Developments |
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Flood
Community Bankers Group Has "Serious Concerns" about Flood Insurance Premium Increases, Urges Changes to Biggert-Waters
Camden R. Fine, the president and chief executive officer of Independent Community Bankers of America, has written letters to members of the House of Representatives and Senate expressing the group's "serious concerns" about impending flood insurance premium increases and urging changes to Biggert-Waters. Read More
Health Insurance
Treasury Issues Proposed Rules for Information Reporting by Insurers, and Employers, under the Affordable Care Act
The U.S. Department of the Treasury and the Internal Revenue Service have issued proposed regulations to implement the information reporting requirements for insurers, and certain employers, under the Affordable Care Act. Read More |
View All Legislative/Regulatory Developments |
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Wells Fargo Insurance Names Tim Prichard Head of National Employee Benefits Practice Read More |
QBE Confirms New Operating Model for European Operations Read More |
Aflac Updates Lump Sum Critical Illness Plan Read More |
Navigators Moves Headquarters to Stamford, Connecticut Read More |
Munich Re Agrees to Sell Windsor Health Group to WellCare Health Plans Read More |
View All Industry News
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INSURANCE COVERAGE
LAW REPORT |
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View Entire September Insurance Coverage Law Report |
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View Insurance Coverage Law Report Archives |
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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC |
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Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Tressler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company |
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FC&S Daily Legal Report ($795 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 [email protected].
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FC&S Legal: The Insurance Coverage Law Information Center |
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