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TODAY'S TOP DEVELOPMENTS Monday, April 28, 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
Microorganism and Seepage Exclusions Bar Coverage for Restoring Apartment after Tenant's Death, Third Circuit Confirms
The U.S. Court of Appeals for the Third Circuit, affirming a district court's decision, has ruled that microorganism and seepage exclusions in a commercial general liability ("CGL") insurance policy barred coverage of a claim for remediating and restoring an apartment following the death of a tenant. Read More

Automobile Insurance

Insurer Seeking Reimbursement for PIP Benefits Is Not an "Injured Person" for Purposes of Tortfeasor's Split Limit Policy, New Jersey Appeals Court Decides
An appellate court in New Jersey has ruled that an insurer seeking reimbursement for personal injury protection benefits pursuant to N.J.S.A. 39:6A–9.1 was not an "injured person" for purposes of the tortfeasor's split limit policy. Read More

Homeowners Insurance
Substituted Service on an Insurer: How It Works in Minnesota
A decision by an appellate court in Minnesota explains how to effectuate substitute service on an insurance carrier under Minnesota law. Read More

Claims Resolution
Law Firm Representing Personal Injury Claimant Had No Liability to Health Care Provider under Wisconsin's Hospital Lien Law, but Tortfeasor's Insurer Did, Appellate Court Rules
A Wisconsin appellate court, reversing a trial court's decision, has ruled that a law firm representing a personal injury claimant could not be held liable under the state's hospital lien law to the health care provider that had treated its client for failing to disburse settlement proceeds to the health care provider. The appellate court also ruled, however, that the tortfeasor's insurance carrier, which provided the settlement payment, could be held liable to the provider in these circumstances. Read More

View All Case Law Developments


Florida's Citizens Property Sponsors "Largest Single Catastrophe Bond Issuance in History"
The board of governors of Citizens Property Insurance Corporation, the not-for-profit alternative insurer created in 2002 by the Florida legislature, has approved a $3.1 billion risk transfer program for the 2014 hurricane season that, it said, capitalizes on favorable market conditions to increase reinsurance coverage at a lower price. Read More

In the States

Florida Bill Barring Certain Insurer Actions Based on Gun Use or Ownership Heads to the Governor
The Florida House of Representatives has joined the Florida Senate and has passed a bill that would make it unlawful for a personal lines property or personal lines automobile insurer to take certain action based on an insured's ownership or use of a gun. Read More

View All Legislative/Regulatory Developments
W. R. Berkley Names Wayne H. Carter, III President of Berkley Program Specialists Read More

U.K. Insurer Aviva Finds Insurance Fraud Up 19 Percent Over 2012 
Read More

CNA Appoints Timon Mueller New Vice President of International  
Read More

Allied World Opens Branch Office in Canada and Appoints Gord Kerr as Manager 
Read More

Guardian Appoints Marc Costantini Chief Financial Officer 
Read More

View All Industry News
What Constitutes a Wind Event?


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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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