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TODAY'S TOP DEVELOPMENTS Monday, September 23, 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 Commercial Property Delaware Law Applies to Coverage Case Filed in California State Court that Was Removed to California Federal Court and Then Transferred to New York A federal district court in New York has issued a decision on the law that applies to an insurance coverage dispute originally filed in a California state court that was removed to federal district court in California before venue was transferred to the New York federal district court. Read More Commercial Property Debt for Misappropriation of Insurance Proceeds Found Nondischargeable in Debtor’s Bankruptcy Case The Bankruptcy Appellate Panel for the Eighth Circuit Court of Appeals has affirmed a bankruptcy court’s ruling that a debt owed to a bank for the misappropriation of insurance proceeds was nondischargeable in the debtor’s Chapter 7 bankruptcy case. Read More Disability Insurance Insurer that Accepted Late Payment and Reinstated Lapsed Policy Did Not Waive Right to Deny Coverage for Claim that Arose before Policy’s Reinstatement The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court’s decision that a disability insurance company that reinstated a lapsed policy after receiving a late payment had not waived its right to deny a claim that arose before the policy was reinstated. Read More Commercial General Liability NJ Supreme: Insurer Has Direct Claim for Contribution against Co-Insurer for Defense Costs Arising from Continuous Property Damage Litigation The New Jersey Supreme Court has ruled that an insurer may assert, against a co-insurer, a claim for defense costs incurred in litigation that arose from property damage manifested over a period of several years, during which the policyholder was insured by successive carriers. It also found that a release negotiated by the insured and one insurer had no effect on the other insurer’s claim for contribution against the released insurer because the other insurer was not a party to that release. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Homeowners Insurance New York Proposes Substantial Reforms to Force-Placed Insurance New York is proposing significant new rules to govern the force-placed insurance industry. Read More Alternative Risk and Captives Captive Insurers in Hawaii Reach $14 Billion in Assets Hawaii-domiciled captive insurance companies completed calendar year 2012 with just over $14 billion in assets, as reported by the State of Hawaii insurance division. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS William Kennard Named to MetLife’s Board of Directors Read More NHTSA Finds More Than a Third of Children Killed in Crashes Were Not in Car Seats or Wearing Seat Belts Read More Colonial Life Launches New Voluntary Group Short Term Disability Insurance Plan Read More Most U.S. Seniors Let Life Insurance Lapse, Survey Finds Read More Fireman’s Fund Insurance Company Names Eric Brandt Chief Claims Officer Read More View All Industry News Discussion Loss of Use Claim 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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