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TODAY'S TOP DEVELOPMENTS Friday, June 10, 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

Commercial Property
Montana Supreme: Criminal Defendant's Restitution Obligation Was Not Reducible By Amount of Victim's Insurance Recovery
The Montana Supreme Court has ruled that the amount of restitution a criminal defendant had to pay was the full amount of his theft — excluding items recovered — without a reduction for the amount the victim was reimbursed pursuant to an insurance policy covering the defendant's theft. Read More

Commercial General Liability
Second Circuit, Narrowly Reading "Knowing Violation" Exclusion, Finds Duty to Defend All Claims in Privacy Actions
The U.S. Court of Appeals for the Second Circuit, reversing a decision by the U.S. District Court for the Southern District of New York, has ruled that, notwithstanding the "knowing violation" exclusion to the personal and advertising coverage provisions of commercial general liability insurance policies at issue, the insurers had to defend all claims brought against their insured in privacy-related lawsuits. Read More

Superstorm Sandy
Flood Policy Was Effectively Canceled Before Superstorm Sandy, N.J. District Court Rules
The U.S. District Court for the District of New Jersey has ruled that a flood insurance policy had been effectively canceled before Superstorm Sandy damaged the plaintiff's property 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
Houston Insurance Agent Sentenced to 20 Years in Prison for Fraud
Celia Castillo has been sentenced to 20 years in prison after a Texas Department of Insurance investigation uncovered an annuity scam in which she bilked almost a dozen elderly clients out of more than $3 million. Read More

View All Legislative/Regulatory Developments
Insurance Websites Not Keeping Pace with Changing Customer Expectations, Says J.D. Power Study Read More

Near-Normal Atlantic Hurricane Season Is Most Likely This Year, NOAA's Climate Prediction Center Says 
Read More

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

Allstate to Offer Home-Sharing Protection in Arizona, Colorado, Illinois, Michigan, Tennessee, and Utah  
Read More

Allied World North America Expands M&A Underwriting Team; Appoints Attorneys Terry Enright and Ryan Anderson  
Read More

View All Industry News
Actual Loss Sustained 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
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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