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TODAY'S TOP DEVELOPMENTS Friday, September 20, 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 Homeowners Insurance Efficient Proximate Cause Doctrine, Not Concurrent Causation Rule, Applies in Multi-Peril First-Party Insurance Cases, Florida Appeals Court Decides A Florida appellate court has reversed an $8 million judgment against a homeowner's insurance carrier and ruled that, in a case involving multiple perils and a first-party insurance policy, the "concurrent causation" doctrine should not be applied. Instead, it held, the "efficient proximate cause" doctrine should govern. Read More Subrogation Defendant in Insurer's Subrogation Action Cannot Rely on Liability Limit in Its Contract with Insured to Defeat Insurer's Negligent Misrepresentation Claim An appellate court in Florida has ruled that a defendant in an insurer's subrogation action cannot rely on a limitation of liability clause in its contract with the insured to defeat a negligent misrepresentation claim that was "independent of the contract." Read More Automobile Insurance New Jersey Auto Policy Voided for Fraud Is Reformed to Provide for Mandatory Minimum Liability Insurance Coverage to Pay Innocent Third Parties' Claims A New Jersey appellate court has ruled that an automobile insurance carrier seeking to retroactively void coverage based on the prior conduct of its insured cannot avoid providing the minimum compulsory non-cancelable $15,000/$30,000 liability limits to pay liability claims of innocent third parties. Read More Homeowners Insurance Bankruptcy Court Did Not Have Jurisdiction Over Chapter 7 Debtor's Claim against His Insurer Where Claim Had Been Abandoned by Debtor's Bankruptcy Trustee A federal district court in Minnesota has affirmed a bankruptcy court's decision that the bankruptcy court did not have jurisdiction over a Chapter 7 debtor's adversary proceeding against his homeowner's insurer where the claims asserted in the adversary proceeding had been abandoned by the debtor's Chapter 7 bankruptcy trustee. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Flood Senate Subcommittee Holds Hearing on Biggert-Waters The U.S. Senate Committee on Banking, Housing, and Urban Affairs Subcommittee on Economic Policy has held a hearing on the "Implementation of The Biggert-Waters Flood Insurance Act of 2012: One Year After Enactment." A webcast is available. Read More Insurance Fraud Former Allstate Employee Pleads Guilty to Insurance Scam Yarden Lee Bracero, a former Allstate employee in Jacksonville, Florida, has pleaded guilty to one count of scheme to defraud and three counts of identity theft for diverting claims payments for her own personal use. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Health Republic Insurance of New York Announces Debra Friedman as President and CEO Read More Builders Insurance Adds Charles Potok and Salvatore Correnti to its Board Read More Record Highs Signal Inflexion Point for Insurance-Linked Securities Market in 2013, According to Aon Benfield ILS Study Read More Brian Cesario to Join Fireman's Fund Insurance Company's Personal Insurance Team Read More Hudson Insurance and Crum & Forster Realign D&O and E&O Operations Read More View All Industry News Discussion Faulty Construction and Ensuing Damage Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire September Insurance Coverage Law Report   View Insurance Coverage Law Report Archives Steven A. Meyerowitz, ESQ. Director, FC&S Legal [email protected] 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. 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