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TODAY'S TOP DEVELOPMENTS Wednesday, April 23, 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.


Commercial General Liability
South Dakota Supreme Court Refuses to Void Exclusion Barring Coverage for Unknown Progressive or Continuous Injury or Damage that Occurred Before Inception Date of Successor Insurance Policy
In a dispute between successive commercial general liability insurance carriers, the South Dakota Supreme Court has refused to declare void as against public policy an exclusion barring coverage for an unknown progressive or continuous injury or damage that occurred before the inception date of the successor insurance policy. Read More

Commercial General Liability

Texas Appeals Court Affirms Dismissal of Insurers' DJ Action against Class Representatives in TCPA Case
A Texas appellate court, affirming a Texas trial court, has ruled that representation of a class that is nationwide in scope does not subject a class representative to personal jurisdiction as a defendant in an insurance coverage lawsuit filed by insurers in a state in which a class member resides – or even in a state where a "large percentage" of class members reside. Read More

Commercial General Liability
Developmentally Disabled Person Allegedly Injured While Being Supervised by Home Care Assistant Was a "Patient" for Purposes of Home Care Company's Insurance Policy, Eighth Circuit Rules
The U.S. Court of Appeals for the Eighth Circuit, affirming a district court's decision, has ruled that a developmentally disabled person who allegedly was blinded in his left eye by a BB gun given to him by a home care assistant was a "patient" for purposes of the home care company's insurance policy and, therefore, that his claim against the company was excluded from coverage. Read More

Health Insurance
Pre-Existing Medical Advice for Prostate Problem Dooms Insured's Claim under Cancer Insurance Policy
The U.S. Court of Appeals for the Ninth Circuit has ruled that an insured who had received medical advice for a prostate problem several months before the effective date of his cancer insurance policy was not entitled to recover under the policy when he was diagnosed with prostate cancer two months after the policy's effective date. Read More

View All Case Law Developments

Terrorism Risk Insurance

President's Working Group On Financial Markets Releases Terrorism Risk Insurance Report
The President's Working Group on Financial Markets has released its report and analysis to Congress on terrorism risk insurance. Read More

Insurance Fraud

Insurance Agent Who Stole $1 Million in Life Insurance Proceeds Faces 10 Years in Prison
Caleb Deason, an insurance agent for Transamerica Life Insurance Company who was convicted on charges of wire fraud and money laundering in a two day trial before U.S. District Judge John McBride, has been sentenced to 10 years in federal prison. Read More

View All Legislative/Regulatory Developments
MassMutual Promotes Dennis Stempel to Senior Vice President and General Auditor Read More

Richard Housley Joins Endurance as Global Property Insurance Lead 
Read More

Aspen Insurance Expresses Concerns with Endurance Proposal in Letter to Shareholders; Endurance Reiterates Benefits of Its Proposed Acquisition 
Read More

Ironshore Offers Enhanced Health Care Professional Liability Coverage 
Read More

Ameritas Introduces Dental Plan in Florida 
Read More

View All Industry News
Contractors' Errors and Omissions Coverage


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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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