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TODAY'S TOP DEVELOPMENTS Monday, July 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.


Commercial General Liability
Temporary Worker (and Coverage) or Leased Worker (and No Coverage)? Massachusetts Appeals Court Decides for Coverage
An appellate court in Massachusetts has affirmed a trial court's decision that a worker supplied to an insured by a labor leasing firm was "furnished ... to meet ... short-term workload conditions" such that she was a "temporary worker" within the meaning of the commercial general liability insurance policy issued by the insurer to the insured. Read More

Commercial General Liability
Court Finds Suit against Insurer Was Not a "Direct Action" for Purposes of Diversity Jurisdiction
A federal district court in Alabama has ruled that a lawsuit against an insurance company by plaintiffs who previously had sued its insured and reached a settlement was not a "direct action" within the meaning of 28 U.S.C. § 1332, and therefore complete diversity existed. Read More

4th Circuit Affirms Finding of No Coverage for Claims Alleging Car Dealers Had Collected Illegal "Administrative Fees" from Buyers
The U.S. Court of Appeals for the Fourth Circuit has affirmed a district court's decision that an insurer had no duty to defend or indemnify an insured car dealer in a case asserting that it had engaged in the practice of collecting illegal "administrative fees" from buyers. The circuit court affirmed on the basis of the district court's decision, in which the district court had reasoned that (i) coverage did not exist because the policy expressly excluded coverage for "[a]ny dishonest, fraudulent, criminal or intentional act ... committed by the 'insured'" and the underlying complaint made allegations falling "expressly" within this exclusion, and (ii) the endorsement for failing to comply with a "[t]ruth in lending statute, or any statute that ... regulates disclosures" did not apply because the underlying complaint "d[id] not allege violation of a lending or leasing disclosure statute." Read More

Health Care
Medicaid Act Bars California's Elimination of Coverage for Certain Health Care Services Provided by Publicly-Funded Health Clinics, 9th Circuit Holds
The U.S. Court of Appeals for the Ninth Circuit has ruled that the Medicaid Act prohibits California from eliminating coverage for adult dental, podiatry, optometry, and chiropractic health care services provided by publicly-funded health clinics and therefore California legislation to that effect was invalid. Read More

View All Case Law Developments

Homeowner's Insurance

California Department of Insurance Fines Homesite Insurance $350,000
The California Department of Insurance and Homesite Insurance Company have reached a settlement under which the insurer will pay a penalty of $350,000, and will refund $10,522 in premium overcharges to over 70 California policyholders. Read More

In the States
Florida Office of Insurance Regulation to Hold Public Hearing for Blue Cross and Blue Shield of Florida's Proposed Plan of Reorganization
The Florida Office of Insurance Regulation will conduct a public hearing on July 25, 2013, at Miami-Dade College to discuss the proposed plan of reorganization for Blue Cross and Blue Shield of Florida that would allow it to reorganize as a stock insurer under a mutual holding company. Read More

View All Legislative/Regulatory Developments
AIG Names New President and Chief Executive Officer for Its Property Casualty Business in Latin America and the Caribbean Read More

Ironshore Promotes Timothy R. White to Senior Vice President
 Read More

Enstar to Acquire Torus Insurance Holdings
 Read More

Floods Dominated Natural Catastrophe Statistics in First Half of 2013
 Read More

The Importance of the Noncumulation Clause
 Read More

View All Industry News

Coverage Analysis
Building and Personal Property Coverage Form


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

View Entire July Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
60px_newMeyerowitz 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, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company

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