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TODAY'S TOP DEVELOPMENTS Monday, July 22, 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.


Worker's Compensation
Dismissal of Worker's Comp Insurer's Malpractice Action against Attorneys for Lack of Personal Jurisdiction is Affirmed
The U.S. Court of Appeals for the Fourth Circuit has affirmed a Texas district court's decision dismissing a worker's compensation insurance carrier's malpractice action against attorneys and their law firm for lack of personal jurisdiction. Read More

Commercial General Liability
Assault and Battery Exclusion Bars Coverage where Victim was Stabbed and Killed by Unknown Assailant, Court Holds
A federal district court in Florida has ruled that a commercial general liability insurance policy's assault and battery exclusion barred coverage for claims that a victim was stabbed and killed by an unknown assailant, even where the claims were couched in negligence terms. Read More

Commercial Property
Insured that Had Not Actually Made Repairs Could Not Recover Depreciation Holdback, Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit has affirmed a district court's; decision in favor of an insurer, finding that an insurance company that paid the actual cash value for the damages caused by vandalism to an insured building was not obligated to pay for the repair costs that exceeded the actual cash value where the insured never actually made any repairs. Read More

Employee Benefits
Retiree May Not Claim Disability Income Benefits, First Circuit Affirms
The U.S. Court of Appeals for the First Circuit has affirmed a district court's decision that a retiree who alleged that he had become disabled was not entitled to benefits under his disability income policy. Read More

View All Case Law Developments

Health Insurance

New York Says Health Insurance Costs under ACA May Drop by as Much as 53 Percent
The New York Department of Financial Services ("DFS") has approved health insurance plan rates for 17 insurers seeking to offer coverage through New York's health benefits exchange, including eight new entrants into the market that do not currently offer commercial health insurance plans. On average, the approved 2014 rates for even the highest tier of plans individual New York consumers could purchase on the exchange (gold and platinum) represent a 53 percent reduction compared to last year's direct-pay individual rates. Read More

Systemically Important Insurers
Financial Stability Board Identifies Initial List of Global Systemically Important Insurers
The Financial Stability Board, in consultation with the International Association of Insurance Supervisors and national authorities, has identified a number of global systemically important insurers to which policy measures published by the IAIS will apply. Read More

View All Legislative/Regulatory Developments
Social Security Disability Insurance Applications Drop from Last Year, but Unemployment Rate for People with Disabilities Continues to Rise Read More

Berkley Life Offers International Insurance Coverage for U.S. Life Science Businesses through Lloyd's
Read More

Liberty Mutual Insurance Unit Appoints Douglas Cauti to Lead Construction Practice
Read More

More Frequent, Severe Hail Storms Drive 84 Percent Claims Increase, NICB Finds
Read More

Prudential Group Insurance Offers Critical Illness Coverage Nationwide
Read More

View All Industry News

Coverage Analysis
ISO Restaurants Endorsement, MS RS 01 07 13


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

View Entire July Insurance Coverage Law Report
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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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