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TODAY'S TOP DEVELOPMENTS |
Wednesday, December 16, 2015 |
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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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Exclusions
Vermont Supreme Court Again Applies Pollution Exclusion to Preclude Coverage
The Vermont Supreme Court, for the second time this year, has applied a pollution exclusion in an insurance policy to preclude coverage for a claim. This time, it ruled that damage to an insured home and personal property resulting from the spraying within the home of a pesticide known as chlorpyrifos was not covered by a homeowners' insurance policy. Read More
Homeowners Insurance
Arkansas Supreme Court Again Refuses to Allow Insurer to Depreciate Labor in Calculating "Actual Cash Value"
The Arkansas Supreme Court has again refused to permit an insurance company to depreciate labor in the calculation of actual cash value – even though, this time, the insurance policy specifically provided for depreciation of labor. Read More
Commercial General Liability
Relying on 20-Year-Old Decision, N.Y. Federal Court Finds No Occurrence for Insured's Alleged Failure to Complete Its Contractual Duties
The U.S. District Court for the Southern District of New York, relying on a 20-year-old decision, has ruled that a commercial general liability insurance policy did not provide coverage for claims that the insured failed to complete its contractual duties, as they did not stem from an occurrence. Read More
Crime
Crime Policy Did Not Cover Inflated Bids But Did Cover Kickbacks to Employee, New Jersey District Court Holds
A federal district court in New Jersey has ruled that the share of padded payments taken by the insured's employee constituted "employee theft" under a crime policy – but that the excess amount the insured paid to a third party on inflated bids was not covered by the policy. Read More |
View All Case Law Developments |
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In the States
Missouri Insurance Regulators Reach Settlement with Medicare Supplement Insurer
The Missouri Department of Insurance has reached a settlement agreement with the Old Surety Life Insurance Company after regulators alleged the insurer discouraged producers from accepting Medicare Supplement applications from unhealthy consumers during open enrollment and guarantee issue periods. Read More
In the States
Connecticut Insurance Commissioner Warns of Phone Scams Targeting Policyholders
Connecticut Insurance Commissioner Katharine L. Wade is advising consumers to be wary of a scam in which a caller poses as a representative of an insurance company and informs people that their policy is being canceled for non-payment. The caller then asks for a credit card payment over the phone to reinstate the policy. Read More |
View All Legislative/Regulatory Developments |
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Melody Health Insurance, a Startup Health Insurance Carrier, Raises $3.8 Million Read More |
Great American Insurance Launches Mergers & Acquisitions Liability Division; Two Attorneys Appointed to Lead Division Read More |
MetLife Adopts Proxy Access Bylaw Amendment Read More |
Joan Budden Named President and CEO of Priority Health Read More |
FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Iowa" 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 |
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View Insurance Coverage Law Report Archives |
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Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com |
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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
Cort T. Malone, Anderson Kill, P.C. |
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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 |
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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.
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FC&S Legal: The Insurance Coverage Law Information Center |
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