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TODAY'S TOP DEVELOPMENTS |
Thursday, November 14, 2013 |
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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.
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Homeowners Insurance
West Virginia's Highest Court Finds "Collapse" to be Ambiguous and Rules that It Includes Something Less than "Complete Falling In"
West Virginia's highest court, the Supreme Court of Appeals, has ruled that the term "collapse" as used (but not defined) in a homeowner's insurance policy was ambiguous, meant something less than "complete falling in" of a kitchen floor, and included "substantial impairment of the structural integrity" of the floor. The court also held that whether an insured should have known that decay was causing her kitchen floor to sink was a genuine issue of material fact that had to be decided by a jury. Read More
Automobile Insurance
Lamborghini Coverage Case Motors On after Federal Court Finds Proper Joinder
A federal district court in California has denied two defendants' motions to dismiss claims brought against them by an insurance carrier in a case involving questions about insurance coverage of damage to a 2012 Lamborghini Gallardo, finding that the defendants had been properly joined. Read More
Automobile Insurance
Injured Party May Not Proceed against Bankrupt Judgment Debtor's Insurance Carrier, Arkansas Appeals Court Rules
An Arkansas appellate court has affirmed a trial court's decision and has ruled that an injured party that could not recover a judgment against an insured who entered bankruptcy could not proceed against his insurance carrier. Read More
Commercial Property
Insurer Properly Canceled Jewelry Store's Policy after Notice from Premium Finance Company, Appellate Court Finds
An intermediate appellate court in New York has ruled that an insurance company had properly canceled a jewelry store's insurance policy after receiving notice from the premium financing company, and that neither the insurer nor its insurance broker had a duty to "call upon" the premium financing company to make certain that the policy remained in effect. Read More
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View All Case Law Developments |
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In the States
Kentucky Insurance Department Seeks Rehabilitation for Two School Board Insurance Funds
The Kentucky Department of Insurance has proposed to take over the management of the funds used for state school board workers' compensation and property and liability claims. Read More
In the States
Florida Bill Would Bar Certain Insurer Actions Based on Gun Use or Ownership
A bill introduced in the Florida legislature, HB 255, would make it unlawful for insurance companies to take certain actions based on gun ownership by a policyholder or applicant – or by a family member of a policyholder or applicant. Read More |
View All Legislative/Regulatory Developments |
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Philip B. Kalin Named Chief Executive Officer of Pinnacol Assurance Read More |
XL Group Enhances Up + Running Equipment Breakdown Insurance with Added Perishable Goods Protection Read More |
Douglas M. Worman Named CEO of U.S. Insurance at Endurance Read More |
Marsh Names Mary-Beth Hahn and Kathy O'Leary Casualty Leaders Read More |
Allied World Europe Launches Marine Insurance Business and Appoints Bart Grefe Vice President, Marine Underwriting Manager Read More |
View All Industry News
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INSURANCE COVERAGE
LAW REPORT |
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View Entire October/November Insurance Coverage Law Report |
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View Insurance Coverage Law Report Archives |
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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 |
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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 |
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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].
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FC&S Legal: The Insurance Coverage Law Information Center |
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