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TODAY'S TOP DEVELOPMENTS Friday, September 12, 2014

 
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

Homeowners Insurance
Neither a Claim of Self-Defense Nor an Acquittal on Criminal Charges Resulted in Coverage for a Fight, Court Rules
A federal district court in California has ruled that a homeowners' insurance policy did not provide coverage to the insured for a civil complaint stemming from an alleged fight with the plaintiff who brought the suit, notwithstanding that the insured argued that he had been acting in self-defense and that the insured had been acquitted on criminal charges brought against him in connection with the incident. Read More

Automobile Insurance

Second Circuit Enjoins Enforcement of Connecticut Law Prohibiting Auto Glass Insurers from Mentioning Their Own Affiliates Unless They Also Name a Competitor
The U.S. Court of Appeals for the Second Circuit has ruled that a Connecticut law that prohibits insurance companies and claims administrators from mentioning their own affiliates with respect to glass claims unless they also name a competitor violated the First Amendment and could not be enforced. Read More

Homeowners Insurance
Was It "Seepage" When 195,000 Gallons of Water Escaped from a Bathroom Over the Course of a Month? Maybe Not
An appellate court in Florida has reversed a trial court's decision granting summary judgment in favor of a homeowners' insurance company, ruling that there were questions of fact to be resolved to determine whether a leak of 195,000 gallons of water from a home's upstairs bathroom over the course of a month amounted to "seepage." Read More

Commercial General Liability
Claim that Contractor Had Allowed Home to Remain Open, Leading to Flooding and Damage, Did Not Amount to an "Occurrence," Florida Appeals Court Rules
An appellate court in Florida, affirming a trial court's decision, has ruled that an insurance company that had issued a commercial general liability policy to a contractor did not have to defend or indemnify the contractor in an action brought by homeowners who alleged that their new home had been damaged because the contractor had left it open during construction during the winter, which led the structure to flood. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

Florida Insurance Regulator Approves Removal of Up to 427,584 More Policies from Citizens Property Insurance
The Florida Office of Insurance Regulation has approved the removal of up to an additional 425,357 personal residential policies and 2,227 commercial residential polices from Citizens Property Insurance Corporation by 14 insurance companies. Read More

Health Insurance

HHS Announces $60 Million in Navigator Grants
Health and Human Services Secretary Sylvia M. Burwell has announced $60 million in "navigator" grant awards to 90 organizations in states with federally-facilitated and state partnership health insurance marketplaces to support preparation and outreach activities in the second year of enrollment under the Affordable Care Act. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Joshua Gold to Lead Anderson Kill's New Cyber Insurance Recovery Group Read More

Robert Underhill Joins Edwards Wildman as Insurance and Reinsurance Partner in New York 
Read More

Towers Watson Survey Shows Number of U.S. Drivers with Usage-Based Auto Insurance Programs Nearly Doubles 
Read More

Stephen Postlewhite Is Named CEO of Aspen Re 
Read More

$2 Billion San Francisco Earthquake and Only One in 20 Residents Had Earthquake Insurance in Epicentral Region, Impact Forecasting Reports Read More

View All Industry News
 
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Q&A
Trailer Coverage under Symbol 2

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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
smeyerowitz@SummitProNets.com
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@SummitProNets.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
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, Rivkin Radler 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 ($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@SummitProNets.com.

FC&S Legal: The Insurance Coverage Law Information Center
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