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TODAY'S TOP DEVELOPMENTS Wednesday, July 23, 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.

Automobile Insurance
Collateral Protection Insurance Is Not Liability Insurance under Liability Risk Retention Act of 1986, 10th Circuit Rules
The U.S. Court of Appeals for the Tenth Circuit has ruled that collateral protection insurance is not liability insurance under the definition set out in the federal Liability Risk Retention Act of 1986. Read More

Automobile Insurance
Divided Georgia Appellate Court Finds that Trial Court Erred By Imposing Burden on Insured in Bad Faith Case
By a vote of 4-3, a divided appellate court in Georgia has ruled that a trial court improperly had imposed on the insured in his bad faith suit against his own insurance carrier the burden of demonstrating that the alleged tortfeasor had failed to cooperate in the insured's lawsuit against him. Read More

Trial Strategy
Jury Instructions When Insurers Argue that Policyholders Had "Misrepresented" Their Claims
The U.S. Court of Appeals for the Eighth Circuit has issued a decision rejecting a challenge by two homeowners to two jury instructions in a case in which they sought coverage of a fire loss, which their insurance carrier had denied on the ground that they had "misrepresented" their loss. The circuit court's decision illustrates the importance of fighting for, or against, jury instructions in these kinds of cases, and the value, for one side or the other, in obtaining or blocking desirable instructions – including multiple instructions that can help to hammer home a theory of a case. Read More

PCOH Exception to Policies' Pollution Exclusion Was Intended to Cover Offsite Contractor Work, Court Rules
A federal district court in Indiana has ruled that the "products-completed operations" exception to the pollution exclusion clause in insurance policies issued to the insured was intended to cover offsite contractor work, and not to the offsite impacts of a pollutant released from the insured's facility as a result of the insured's "work." Read More

View All Case Law Developments

In the States
Arizona's Insurance Department Summarizes State's New Insurance Laws
The Arizona Insurance Department has issued a regulatory bulletin that summarizes the new, major legislation enacted by Arizona's 51st legislature, which adjourned on April 21, 2014, affecting insurance companies, insurance consumers, and the department. The legislation (except where otherwise noted) has a general effective date of July 24, 2014. Read More

Homeowners Insurance
Florida's Citizens Insurance Settles About 300 Sinkhole Claims
Florida's Citizens Property Insurance Corporation has reached an agreement with Thompson Trial Group, P.A., to settle approximately 300 unresolved sinkhole claims with Florida homeowners. According to the insurer, the homeowners will receive settlement offers to end litigation and make critical repairs to their homes. Read More

View All Legislative/Regulatory Developments
Data Breaches in New York More than Tripled from 2006 to 2013  Read More

Liberty Mutual Enters into Reinsurance Agreement with National Indemnity  Read More

HM Insurance Group and RBS Re Name David Daley Vice President of Underwriting and Pricing Read More

Frederick J. Pomerantz Joins Goldberg Segalla's Insurance Regulatory Team Read More

Kevin Toth Is Named Executive Vice President and Chief Operations and Strategic Officer at Nelson Levine de Luca & Hamilton  Read More

View All Industry News
Building Owner and Liquor Liability Coverage

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

View Entire July Insurance Coverage Law Report
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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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