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TODAY'S TOP DEVELOPMENTS Tuesday, June 2, 2015

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.


Professional Liability Insurance
Alleged Malpractice by Criminal Defense Attorneys Occurred During Trial, Before Retroactive Date of Their Malpractice Policy, Michigan Appeals Court Finds
An appellate court in Michigan, affirming a trial court's decision, has ruled that a malpractice claim against criminal defense attorneys alleged malpractice that occurred during the underlying plaintiff's criminal trial, before the malpractice policy's retroactive date, and, therefore, that the policy did not provide coverage for his claims. Read More

Professional Liability Insurance

No Coverage for Bankrupt Lawyer's Non-Dischargeable Debt to Former Client Based on Fraud
A Florida bankruptcy court has ruled that a professional liability insurance policy excluded coverage for a debt that a bankrupt lawyer owed to a client, which debt the bankruptcy court had determined was non-dischargeable for fraud, because of the policy's exclusion for dishonest or fraudulent conduct. Read More

Commercial General Liability
"Circumstantial" Allegations that Policy Existed 50 Years Ago Found Sufficient to Defeat Insurer's Motion to Dismiss
The U.S. Court of Appeals for the First Circuit, reversing a decision by the U.S. District Court for the District of New Hampshire, has ruled that a private middle school's "circumstantial" allegations made out a "plausible case" that an insurance policy existed nearly 50 years ago even though the school could not find a copy of the policy and the insurer could not confirm the existence of the policy. 
Read More

Automobile Insurance
Colorado Supreme: Purported Assignment of As Yet Indeterminable Portion of Proceeds of Unresolved Personal Injury Suit Was Ineffective Against Auto Insurer
The Colorado Supreme Court, reversing an intermediate appellate court's decision, has ruled that a purported assignment to a medical debt company of an as yet indeterminable portion of proceeds of an unresolved personal injury claim was ineffective against the automobile insurance company for the defendant in the personal injury case. Read More

View All Case Law Developments

In the States

Former N.J. Director of Insurance Is Named Senior Vice President in New York Life's Governmental Affairs Office
New York Life has elected Douglas A. Wheeler a senior vice president in its office of governmental affairs. Read More

Superstorm Sandy

FEMA Launches Superstorm Sandy Flood Insurance Claims Review Process
The National Flood Insurance Program of the Federal Emergency Management Agency has begun its Superstorm Sandy flood insurance claims review. Read More

View All Legislative/Regulatory Developments
Prudential Group Insurance Names Dave Heil Regional VP of Premier Accounts Read More

Endurance Makes Senior Reinsurance Leadership Changes 
Read More

FC&S Legal Publishes "NAIC 2015 Spring National Meeting" in its Flagship Publication, the Insurance Coverage Law Report Read More

NICB Warns: Texas Storms Leave Thousands of Vehicles Flooded; Unsuspecting Used Car Buyers Could End Up "Soaked" 
Read More

MetLife Launches Retirement Income Insurance QLAC Read More

View All Industry News
Pollution Question over Gases Released from Dead Body


Browse our entire library of over 2,500 insurance resources and forms.

View Entire May / June Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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