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TODAY'S TOP DEVELOPMENTS Wednesday, July 16, 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
Employee Who Was Not a Member of Corporation's Board of Directors Was Not an Insured Under Its CGL Policy, Eighth Circuit Decides
The U.S. Court of Appeals for the Eighth Circuit, affirming a Missouri district court's decision, has ruled that an employee who was not a member of the insured corporation's board of directors was not an insured under its commercial general liability insurance policy. Read More

Commercial General Liability
2 Drownings 2 Minutes Apart at 1 Hour-Long Pool Party in 1 Pool: 1 Occurrence, Circuit Court Rules
The U.S. Court of Appeals for the Eighth Circuit, affirming a Missouri district court's decision, has ruled that there was one occurrence under a commercial general liability insurance policy where two boys drowned two minutes apart at a pool party in one pool. Read More

Commercial General Liability
Although Glass Had Been Installed and Store Was Stocking Up, Glass Was Not Put to Its Intended Use Until Store Actually Opened, Third Circuit Rules
The U.S. Court of Appeals for the Third Circuit, affirming a Pennsylvania district court's decision, has ruled that damage to glass that had been installed in a retail store did not constitute a products-completed operations hazard but, rather, fell under the "your work" exclusion, where the damage had occurred before the store opened to the public – even though it had taken place after stocking, inventorying, and moving into the store had begun. Read More

Eye on the Experts
Payne v. Erie Insurance Exchange: Coverage from the Named Insured to the First Permittee and Beyond
This Eye on the Experts article discusses Payne v. Erie Insurance Exchange, a case centering on the grant of permissive use from the named insured to the first permitted driver and what happens when the first permittee allows another person to use the vehicle in question. Read More

View All Case Law Developments

In the States
Chris Gardner Reappointed as Chairman of Citizens Board of Governors in Florida
Chris Gardner has been reappointed as chairman of the board of governors for Florida's Citizens Property Insurance Corporation. Read More

Health Insurance
Missouri Governor Nixon Vetoes Affordable Care Act "Navigator" Bill, Citing "Glaring" Typo
Missouri Governor Jay Nixon has vetoed a bill that would have established certain guidelines for state navigators under the federal Affordable Care Act, citing a typographical error in the model legislation developed by the American Legislative Exchange Council that was incorporated into the bill passed by the Missouri legislature. Read More

View All Legislative/Regulatory Developments
Commonwealth Fund Finds that After First ACA Enrollment Period, Uninsured Rate Dropped from 20 Percent to 15 Percent and Most are Happy with Coverage Read More

RIMS Executive Director Mary Roth Named President of the International Federation of Risk & Insurance Management Associations  Read More

FM Global Appoints Thomas A. Lawson President and Jonathan W. Hall Chief Operating Officer Read More

BTG Pactual to Purchase Ariel Re from Global Atlantic Financial Group Read More

Lighthouse Property Insurance Introduces Dwelling Fire Product to South Carolina Homeowners Read More

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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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, Rivkin Radler 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

FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or [email protected].
FC&S Legal: The Insurance Coverage Law Information Center
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