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TODAY'S TOP DEVELOPMENTS Friday, November 13, 2015

 
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

Exclusions
“Business Pursuits” Exclusion Bars Coverage of Claim Stemming from Employee’s Assault in Business Owner’s Home Office
An appellate court in Connecticut, reversing a trial court’s decision, has ruled that the “business pursuits” exclusion in a personal umbrella insurance policy barred coverage for claims asserted by an employee for injuries suffered as a result of an intruder’s attack in the insured’s home office. Read More

Employee Benefits
Notwithstanding Written Contract, N.Y. Court Finds that Long-Haul Truck Drivers Were Employees and Not Independent Contractors
A New York court has upheld a decision of the state’s Unemployment Insurance Appeal Board and ruled that long-haul tractor-trailer truck drivers were employees and not independent contractors, notwithstanding an agreement to the contrary between the drivers and the trucking company. Read More

Fire Insurance
In Case of First Impression, Court Rules that Illinois Standard Fire Policy Voids Homeowner’s Policy’s Intentional Conduct Provision
In a case of first impression in Illinois, a federal district court has applied the provisions of the Illinois Standard Fire Policy to the intentional conduct exclusions in a homeowners’ insurance policy and concluded that “fires caused by intentional conduct must be covered if all other conditions are met.” Read More

Exclusions
2d Circuit: Limitation of Liability in Endorsement Is Not an Exclusion Under New York Law
The U.S. Court of Appeals for the Second Circuit, in affirming a decision by the U.S. District Court for the Southern District of New York, has ruled that a limitation of liability in an endorsement was not an exclusion under New York law. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

Washington Insurance Department Would Require Insurers to Update Credit Histories and Insurance Scores At Least Every Three Years
The State of Washington Insurance Commissioner has proposed adding a new section to Chapter 284-24 WAC that would require each insurer that uses credit history for rating personal lines of property/casualty insurance to update the credit history and resulting insurance score no less often than once every three years. Read More

Insurance Fraud
California Healthcare Company CEO Charged with Insurance Fraud
Peter Lira, the chief executive officer of Am-Pro Prosthetics & Orthotics in Whittier, California, has been arrested on three felony counts of insurance fraud for allegedly billing Anthem Blue Cross for a $170,000 prosthetic arm after Mr. Lira was notified the patient had died. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Toyota Will Establish New Artificial Intelligence Research and Development Company and Will Invest $1 Billion Over Five Years Read More

Business Demand for Cyber and Data Privacy Insurance Surges While Gaps Remain in Incident Response Plans, According to Wells Fargo Study 
Read More

Anbang Insurance Group Acquires Fidelity & Guaranty Life 
Read More

Pan-American Life and Mutual Trust Financial Group Complete Merger of Their Mutual Holding Companies 
Read More

FC&S Legal Publishes “Better Late Than Never: The California Supreme Court Reverses Itself, Holding That Corporate Policyholders May Assign Insurance Rights Without Insurer Consent” 
Read More

View All Industry News
 
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 INSURANCE COVERAGE
 LAW REPORT
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View Entire November/December Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@alm.com
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.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
Cort T. Malone, Anderson Kill, P.C.
Richard 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
Thomas F. Segalla, Goldberg Segalla
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@nuco.com.

FC&S Legal: The Insurance Coverage Law Information Center
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