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TODAY'S TOP DEVELOPMENTS Wednesday, February 19, 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.


Automobile Insurance
Colorado Appellate Court Affirms Trial Court's Use of "Covered Benefit" to Determine Statutory Bad Faith Damages in Case Where Identity of Named Insured Was Arguably "Fairly Debatable"
An appellate court in Colorado has affirmed a trial court's decision awarding statutory bad faith damages of twice the policy benefit to an insured even though her entitlement to coverage arguably had been "fairly debatable" and the jury had awarded her no actual damages on her statutory claim. Read More

Workers Compensation

Workers Comp Law May Bar Contribution and Indemnity Action Although Employer Had Hired Undocumented Aliens, New York's Highest Court Rules
New York's highest court, the New York Court of Appeals, has ruled that an employer that allegedly hired undocumented aliens in violation of federal law did not lose the benefit of a provision of the state's Workers Compensation Law limiting the ability of a third party to assert contribution and indemnity claims against the employer. Read More

Professional Liability Insurance
Circuit Finds that Claims Were Based On Prior Acts or Omissions, Dooming Bid for Coverage of Malpractice Suit
The U.S. Court of Appeals for the Eleventh Circuit, affirming a district court decision, has ruled that claims in a malpractice action were based on acts or omissions that took place prior to the date contained in the professional liability insurance policy’s "prior acts exclusion" and, therefore, the insurance carrier was not obligated to defend its insureds. Read More

Homeowners Insurance
Appeals Court Upholds Insurer's Refusal to Pay Replacement Costs for Subsurface Sinkhole Repairs Before Insureds Contracted for Those Repairs
An appellate court in Florida has ruled that a homeowner's insurance carrier did not have to pay replacement costs for subsurface sinkhole repairs before its insureds had contracted for the repairs. Read More

View All Case Law Developments

Homeowners Insurance

Tennessee Bills Would Change Insurance Coverage of Sinkhole Losses and Subsequent Structural Repairs
Bills have been introduced in the Tennessee House and Senate that would make various changes concerning insurance coverage of sinkhole losses and subsequent structural repair. Read More

Commercial Auto

Multimillion-Dollar Insurance Scam Leads to 10 Year Prison Term for Livery Fleet Owner
Scott Eric Sanders has been sentenced in Manhattan federal court to 121 months in prison for his participation in a long-running automobile insurance fraud scheme and aggravated identity theft. Read More

View All Legislative/Regulatory Developments
Shipman & Goodwin Lands 8 Insurance Attorneys from Drinker Biddle & Reath  Read More

Wilson Elser Promotes Coverage Counsel Alicia Silver Santocki to Partner  
Read More

Prudential Announces Senior Management Changes  
Read More

XL Group Grows Marine Team with Senior Appointments  
Read More

IronPro Introduces Network Security and Privacy Breach Coverage for Lawyers Professional Liability Program  
Read More

View All Industry News

Q & A
Grease Is Not a Pollutant


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View Entire February Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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

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 To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or [email protected].

FC&S Legal: The Insurance Coverage Law Information Center

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