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TODAY'S TOP DEVELOPMENTS Wednesday, May 15, 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.


Professional Liability Insurance

Insurer’s Default Judgment against Insureds Collaterally Estops Their Judgment Creditor’s Action against Insurer
A default judgment obtained by an insurer against its insureds acted to collaterally estop an action brought by their judgment creditor against the insurer, a federal district court in Georgia has ruled. The case is Old Republic National Title Ins. Co. v. Harford Accident and Indeminity Co.  Read More

Commercial Property
Notice Provided 4 1/2 Years after Hurricane Wilma Was Not Prompt, Court Decides
A federal district court has ruled that notice provided to an insurer about four-and-one-half years after Hurricane Wilma was not prompt, as required by the policy. Because the insured did not rebut the presumption of prejudice, the court granted summary judgment to the insurer.  Read More

Workers Compensation
Court Says Insurer’s Suit against Government Was Premature and Had to be Dismissed
A federal district court has ruled that a worker’s compensation insurer’s lawsuit against the federal government, filed without waiting for the denial of its claim, had to be dismissed as premature. The case is American Interstate Ins. Co. v. Donahue.  Read More

Professional Liability Insurance
Court Finds No Coverage for False Claims Act Suit against Insured
A federal district court has ruled that a professional liability insurance policy did not provide coverage to the insured for a lawsuit alleging that it had violated the federal False Claims Act.  Read More

View All Case Law Developments

Homeowners Insurance

New Maryland Law Imposes Notice Obligation on Homeowner’s Insurers
A new law in Maryland requires that an insurer that issues a homeowner’s insurance policy in the state that contains an anti-concurrent causation clause must provide policyholders with a specified notice each year. Generally speaking, an ACC clause states that a loss caused by a combination of covered and non-covered events will not be covered.  Read More

Insurance Fraud
N.Y. State Senate Approves Bills Intended to Fight Auto Insurance Fraud
The New York State Senate has passed three bills that, if enacted into law, would increase penalties for those who commit or assist in auto insurance fraud and that, it says, would give “more flexibility to insurance companies to prevent criminals from getting policies and continuing to commit auto fraud.”  Read More

View All Legislative/Regulatory Developments
Steven A. Meyerowitz, ESQ.

Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal

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, Jenner & Block
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company
Columbian Mutual’s Thomas E. Rattmann Receives Forum 500 Distinguished Service Award  Read More

Endurance Names Gary Tully to Head Contract Binding Operations Insurance  Read More

Mutual Insurers Holding Company to Convert to Stock Company  Read More
MetLife Auto & Home Launches Expanded Identity Protection Services Including Social Media Compromise  Read More
Nelson Mullins Adds Insurance Lawyers Kevin Doherty and Cynthia Wiel  Read More

View All Industry News
Insurance Forms & Resources

Ask the Experts: Loss of Use Claim Excluded? May, 2013


Browse our entire library of over 2,500 resources and forms.

9th Annual Canadian Captives & Corporate Insurance Strategies Summit  Read More

NYIA 2013 Annual Conference  Read More

Regulatory and Litigation Challenges to Lender-Placed Insurance 
Read More

View Full Calendar


Focus On: Coverage for Law Firm Victimized in Check Scam  Read More

Is Defective Construction an "Occurrence"? The Answer Isn't So Concrete  Read More

Insurance Coverage for Internet Copyright Claims  Read More

View Entire May Insurance Coverage Law Report
View Insurance Coverage Law Report Archives


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