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TODAY'S TOP DEVELOPMENTS Thursday, September 12, 2013

 
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

Claims Resolution
West Virginia Court Awards Hayseeds Damages after Finding that Insurer's Denial of Claim was Improper
After finding that a homeowner's insurer's investigation of a dog-bite incident was unreasonable and its denial of a claim was improper, a federal district court in West Virginia has ordered the insurer to pay attorney's fees and net economic losses to the insureds. Read More

Homeowners Insurance

Assurant and JPMorgan Chase Settle Force-Placed Insurance Class Action
Assurant, Inc., and JPMorgan Chase have agreed to settle a Florida class action lawsuit over allegations of improperly selling force-placed insurance policies. Under the settlement, they will pay $300 million. Read More

Attorney's Fees
Employee Had Right to Choose His Own Attorney But Not To Have His Employer or Employer's Insurer Indemnify Him under California Labor Law, Appellate Court Holds
A California court of appeal has affirmed a trial court's decision in favor of an employer and its insurer, declaring that an employee may have had a right to choose his own attorney when facing litigation and potential criminal charges but did not have the right to require the insurer and employer to indemnify him for those expenses under California Labor Code Section 2802. Read More

Homeowners Insurance
Relying on Florida Supreme Court Ruling, Appellate Court Reverses Trial Court's Decision in Favor of Insurer Where Homeowner Had Not Incurred Repair Expenses
A Florida appellate court, relying on the Florida Supreme Court's decision in Trinidad v. Florida Peninsula Ins. Co., has reversed a trial court's decision granting judgment in favor of an insurer on the ground that the insured homeowner had not incurred expenses to repair her damaged home, or contracted to incur those expenses. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Life Insurance

Another Life Insurer - Transamerica - Reaches Multi-Million Dollar Death Master Settlement Agreement with State Insurance Regulators
Another life insurer - this time, Transamerica Life Insurance Company - has reached a multi-million dollar settlement agreement with several state insurance regulators over the use of the Social Security Administration's Death Master File ("DMF") database. Under the settlement, Transamerica will pay $11.2 million to states that are a party to the settlement. Read More

Terrorism Risk Insurance

Cato Institute Paper Argues that Terrorism Risk Insurance Act is Corporate Welfare and Should End
In a new paper published by the Cato Institute, University of Maryland law professor Robert J. Rhee calls for ending the Terrorism Risk Insurance Act. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
PCI Announces New Chair and Vice Chair for its Legal and Government Affairs Committee Read More

XL Group Assembles Crisis Management Team in U.S.
Read More

Mutual of Omaha Launches Group Critical Illness Insurance
Read More

Drivers Are Overwhelmingly Receptive to Usage-Based Auto Insurance, Towers Watson Survey Finds
Read More

I. John Cholnoky to Retire from Gen Re and A. Morris Tooker to Be President
Read More

View All Industry News

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Discussion
Radioactive Contamination Coverage

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Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
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View Entire September Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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
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

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].

FC&S Legal: The Insurance Coverage Law Information Center
   
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