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TODAY'S TOP DEVELOPMENTS Monday, July 21, 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 Auto
How Specifically Must a UIM Waiver "Specifically Comply" with Pennsylvania Law to Be Upheld? One Court Explains
Pennsylvania law imposes several requirements on an insurer to obtain an enforceable waiver of underinsured motorist coverage by an insured, including that the rejection form must "specifically comply" with Pennsylvania law. Does "specifically comply" mean that there can absolutely, positively be no changes from the statutory form? Well, not necessarily. Read More

Automobile Insurance
The Limits of Technology: Paperless Policy Cancellation May Have Been Inadequate, Appellate Court Rules
An appellate court in Washington, reversing a trial court's decision, has ruled that there was a genuine issue of material fact about whether or not insureds had agreed to receive policy renewal communications from their insurance carrier through its paperless delivery system and, as a result, that the trial court had erred in granting summary judgment in favor of the insurer in the coverage action brought by the insureds. Read More

Homeowners Insurance
Is Plaintiff's Suit against an Alleged Tortfeasor's Insurer a Permitted "Direct Action" or a Prohibited "Original Action"? A Michigan District Court Decides
A federal district court in Michigan has ruled that a Michigan statute only barred an injured party from naming the alleged tortfeasor's insurer as a defendant in the underlying action and did not bar the injured party from naming the insurer in a separate lawsuit seeking declaratory relief with respect to coverage. Read More

Commercial General Liability
Coverage Was Not Created by Statute Providing that Insurer Was Not Relieved of Obligations by Insured's Bankruptcy, Insolvency, or Dissolution, Appeals Court Says
An appellate court in Minnesota, affirming a trial court's decision, has ruled that coverage was not created, where it did not otherwise exist, by a Minnesota law or a provision in an insurance policy stating that an insurance company was not relieved of its obligations by the insured's bankruptcy, insolvency, or dissolution even if the insured had become bankrupt, insolvent, or dissolved. Read More

View All Case Law Developments

Automobile Insurance
Missouri Trial Court Issues Preliminary Injunction against Lyft
A trial court in Missouri, highlighting concerns about Lyft's operations in the City of St. Louis and St. Louis County ranging from insurance to drug testing of drivers, has issued a preliminary injunction at the behest of the Metropolitan Taxi Commission ("MTC") that enjoins Lyft from operating in St. Louis pending its disposition of the MTC's request for a permanent injunction, which will be heard on August 25. Read More

In the States
Fearing Encroaching Federal and Global Regulation, National Association of Insurance Commissioners Pushes Benefits of State-Based Insurance Regulation
The National Association of Insurance Commissioners has announced an "educational initiative" about the "indispensable role state-based insurance regulation plays in strengthening the U.S. economy." Read More

View All Legislative/Regulatory Developments
Rebecca Tadikonda to Join MetLife as Chief Enterprise Strategy Officer Read More

Insurance Coverage Attorney Jonathan Gross Joins Mound Cotton Wollan & Greengrass Read More

FC&S Legal Publishes "Payne v. Erie Insurance Exchange: Coverage from the Named Insured to the First Permittee and Beyond" Read More

AIG and Bank of America Reach $650 Million Settlement of Residential Mortgage-Backed Securities Dispute Read More

Arch Capital Group Appoints Louis J. Paglia and Eugene S. Sunshine to Board of Directors  Read More

View All Industry News
Insured's Failure to Adhere to Policy Conditions

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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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