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TODAY'S TOP DEVELOPMENTS Monday, June 6, 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.


Lease's "Waiver of Subrogation" Provision Did Not Preclude Action for Gross Negligence, Ohio District Court Finds
A federal district court in Ohio has ruled that a subrogation action brought against a property owner by an insurance company asserting claims of gross negligence and "wanton and careless conduct" was not barred by a "waiver of subrogation" provision in a lease between the insured and the property owner. Read More

Workers Compensation
Attorney Entitled to Fee for Time Spent After Insurer Rescinded Denial of Workers Comp Claim, Oregon Appeals Court Decides
An appellate court in Oregon, reversing a decision by the Oregon Workers Compensation Board, has ruled that, in considering the amount of time an attorney has dedicated to the litigation of a claim where a denial was rescinded by the insurer prior to a formal agency decision, the board must consider the time that counsel dedicated to litigation-related work after the insurer provided notice of its intent to rescind its denial. Read More

Ninth Circuit: Surface Water Exclusion Precluded Coverage for Water That Pooled on Ground After Exiting Neighbor's Drain Pipe
The U.S. Court of Appeals for the Ninth Circuit, affirming a decision by the U.S. District Court for the Central District of California, has ruled that a "surface water" exclusion precluded coverage for damage to the insured's property from water that pooled on the ground after exiting a neighboring property owner's drainage pipe. Read More

"Overflow" Exclusion Did Not Apply Where Water Could Not Enter Blocked Drain, District Court Rules
A federal district court in Washington has ruled that a "water overflow" exclusion did not preclude coverage for damage to a building caused by rain that could not enter a blocked drain, concluding that the rain had not "overflowed." Read More

View All Case Law Developments

In the States

NAIC Releases Long-Term Care Insurance Study
The National Association of Insurance Commissioners has published a 173 page study on "The State of Long-Term Care Insurance: The Market, Challenges and Future Innovations" that addresses market issues, innovations, and regulatory concerns. Read More

Insurance Fraud
Six Residents of Southeastern Connecticut Charged with Staging Car Accidents in Insurance Fraud Scheme
A federal grand jury in New Haven, Connecticut, has returned an indictment charging six men with fraud and conspiracy offenses for allegedly staging car accidents for the purpose of defrauding automobile insurance companies. Read More

View All Legislative/Regulatory Developments
James S. Kemper Foundation Appoints Jerry Fuller as President and Elects Joseph P. Lacher, Jr., as Board Chair Read More

Arch Insurance Europe Names Matthew Shulman President and Chief Executive Officer 
Read More

Securian and Annexus Launch New Indexed Universal Life Insurance Policy  
Read More

MetLife Rolls Out New Dental Program for Part-Time or Consultant Workers and Retirees  
Read More

Allianz Life Adds Convertible Term Rider, Interest Bonus to Fixed Index Universal Life Insurance Policy  
Read More

View All Industry News
Replacement Cost and the Actual Cost to Repair or Replace


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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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