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TODAY'S TOP DEVELOPMENTS Tuesday, March 1, 2016

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.


Insurance Fraud
California Appellate Court Dismisses Insurer’s Fraud Action Against Personal Injury Lawyer
An appellate court in California has dismissed an insurance carrier’s fraud action against a personal injury lawyer and his firm, ruling that the conduct by the lawyer and his firm was protected petitioning activity that also was protected by the litigation privilege. Read More

Commercial General Liability
No Coverage for Mold Remediation Costs Voluntarily Incurred by Property Manager, Eighth Circuit Rules
The U.S. Court of Appeals for the Eighth Circuit, applying Missouri law, has ruled that an insurance company was not required to pay for mold remediation expenses voluntarily incurred by the insured, a property manager for several condominium associations. Read More

Automobile Insurance
Kentucky Appeals Court Rejects Loss of Consortium Claim Seeking UIM Benefits that Policy Otherwise Excluded
An appellate court in Kentucky, reversing a trial court’s decision, has ruled that a husband and wife whose bodily injuries were expressly excluded from underinsured motorist coverage by an auto policy could not recover those benefits under a loss of consortium claim against their insurance carrier. Read More

Workers Compensation
No Coverage for Suit Against Employer Alleging Husband’s Death Was Not an Accident, 10th Circuit Affirms
The U.S. Court of Appeals for the Tenth Circuit, affirming a district court’s decision, has ruled that an employer’s insurance carrier was not obligated for a default judgment against the employer based on allegations that the underlying plaintiff’s husband’s death resulted from the employer’s intentional or knowing misconduct and, therefore, that her claim was not barred by Oklahoma’s workers’ compensation law. Read More

View All Case Law Developments

In the States

HSBC to Pay $4 Million to Settle Force-Placed Insurance Allegations
National mortgage lender and servicer HSBC has agreed to pay $4 million to resolve allegations that it received commissions and other kickbacks relating to force-placed insurance policies that it procured for Massachusetts homeowners.  Read More

In the States
All Regulatory Approvals Granted for Sun Life Financial’s Purchase of Assurant’s U.S. Employee Benefits Business
On September 9, 2015, Sun Life Financial Inc. announced an agreement with Assurant, Inc., to acquire Assurant’s U.S. employee benefits business. The parties now have received all regulatory approvals required in connection with the transaction.  Read More

View All Legislative/Regulatory Developments
Kathy Bardswick, President and CEO of The Co-operators, to Retire at Year End 2016 Read More

XL Catlin’s Environmental Insurance Business Expands Pollution Underwriting Teams in Atlanta, Chicago, and San Francisco  
Read More

American Modern Insurance Group Exits from Lender-Placed Insurance 
Read More

AMERISAFE Promotes Kathryn H. Shirley and Vincent J. Gagliano  
Read More

MetLife Confirms Discussions Regarding Potential Transaction with MassMutual  
Read More

View All Industry News
Meaning of Physical Abuse


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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
Cort T. Malone, Anderson Kill, P.C.
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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