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TODAY'S TOP DEVELOPMENTS Wednesday, December 10, 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
Texas Supreme: Trial Court Should Not Have Ordered Insurer to Produce Claims Files
The Texas Supreme Court has rejected, as an abuse of discretion, a trial court’s decision ordering an insurance company to produce files for claims handled by two adjusters who also adjusted the plaintiff homeowner’s claims where the files were related to properties in the plaintiff’s town and to the storms that caused damage to the plaintiff’s home. Read More

Workers Compensation

New Mexico Supreme: Nurse Who Slipped on Recently Mopped Floor Was Entitled to 10 Percent Increase in Benefits Due to Absence of “Wet Floor” Sign
The New Mexico Supreme Court has ruled that a “wet floor” sign was a safety device and that a nurse who slipped on a recently mopped floor at work was entitled to a 10 percent increase in benefits because a “wet floor” sign had not been posted near the mopped floor. Read More

Homeowners Insurance
New Hampshire Supreme: Coverage Doomed by Mom’s Alleged “Knowing, Reckless, and Wanton Support and Facilitation” of Her Son’s Criminal Drug Activity
The New Hampshire Supreme Court, affirming a trial court’s decision, has ruled that the “reckless and wanton conduct” in which an insured homeowner was alleged to have engaged – knowingly permitting her son to engage in criminal drug activity on her property – did not constitute an “occurrence” as required for coverage under her homeowner’s or umbrella insurance policies. Read More

Professional Liability Insurance
Wyoming Supreme: State’s Professional Malpractice Law May Not Apply to Allegations that Bail Bondsman Negligently Released Person After Bailing Him Out of Jail
The Wyoming Supreme Court, reversing a trial court’s decision, has ruled that the state’s professional malpractice law may not apply to allegations that a bail bondsman had negligently released a person from his custody after bailing him out of jail. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Reinsurance

NAIC Recommends that Five International Reinsurance Authorities Become “Qualified Jurisdictions” for Reinsurance Collateral Purposes
The National Association of Insurance Commissioners (“NAIC”) has announced that five international reinsurance supervisory authorities have been recommended by the NAIC’s Qualified Jurisdiction (E) Working Group for approval as Qualified Jurisdictions under the Process for Developing and Maintaining the NAIC List of Qualified Jurisdictions. Read More

In the States

Idaho Department of Insurance Director Bill Deal to Retire
Idaho Department of Insurance Director Bill Deal has announced that he will retire on December 31, 2014. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Lawyers Rank 5th on Safest Driver List; Travel Industry Workers Are Most Accident-Prone Read More

1347 Property Insurance Holdings Appoints Robert Gantley as Chief Operating Officer 
Read More

UnitedHealthcare Offers Consumers Health Insurance Coverage on 23 Individual Exchanges for 2015 
Read More

AIG Appoints Charlie Shamieh as CEO for Life, Health, and Disability Insurance; Alessa Quane Is Named Corporate Chief Actuary 
Read More

Berkshire Hathaway Specialty Insurance Introduces Directors and Officers Liability Policy Read More

View All Industry News
 
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Q&A
The Insured under the Care, Custody, or Control Exclusion

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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 December 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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