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TODAY'S TOP DEVELOPMENTS Monday, April 25, 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.


Commercial General Liability
"Other Insurance" Clause in Primary CGL Policy Violated Public Policy, California Appellate Court Holds
An appellate court in California, reversing a trial court's decision, has ruled that enforcement of an "other insurance" clause in a primary commercial general liability insurance policy violated public policy — whether or not the clause was in the policy's "coverage" section alone or also in its "limitations" section. Read More

Title Insurance
Michigan Supreme: "Full Credit Bid" Rule Did Not Bar Contract Claims Against Title Insurers
The Michigan Supreme Court has ruled that the full credit bid rule did not preclude contract claims against third parties, including title insurers. Read More

Commercial General Liability
Condo Buyers' Negligent Misrepresentation Claim Against Seller Did Not Trigger Coverage, Wisconsin Appeals Court Declares
An appellate court in Wisconsin, affirming a trial court's decision, has ruled that negligent misrepresentation claims by buyers of a condominium were not covered by the seller's insurance policy and that the insurer, therefore, had no duty to defend or indemnify the seller. Read More

Technical Meaning of "Ensuing Loss" May Be Affected by Insureds' Expectations, Missouri Appeals Court Rules
An appellate court in Missouri, reversing a trial court's decision, has ruled that contested facts precluded a determination as to whether the "technical meaning" of the term "ensuing loss" was "inconsistent with the ordinary meaning and reasonable expectations of the parties." Read More

View All Case Law Developments

In the States

Florida Law Authorizes Certain Insurers to Offer Limited Sinkhole Coverage
Florida Governor Rick Scott has signed a bill into law that authorizes certain insurers to offer limited sinkhole coverage insurance in Florida effective July 1, 2016. Read More

Federal Actions
New Jersey Lender to Pay $113 Million to Resolve Insured-Mortgage Charges
Freedom Mortgage Corp. has agreed to pay the United States $113 million to resolve allegations that it violated the federal False Claims Act by knowingly originating and underwriting single family mortgage loans insured by the Federal Housing Administration of the U.S. Department of Housing and Urban Development that did not meet applicable requirements for the insurance program. Read More

View All Legislative/Regulatory Developments
Beazley and Munich Re to Offer Enterprisewide Cyber Protection for Digital Assets   Read More

Business Interruption Due to Breach Is Top Cyber Risk Concern, Aon Report Finds 
Read More

Endurance Hires Michael Nardiello for Global Risk Solutions  
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Oklahoma" 
Read More

Ironshore to Acquire Remaining 80 Percent Stake in Lexon Surety Group 
Read More

View All Industry News
Total Loss Settlement in Valued Policy State


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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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