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TODAY'S TOP DEVELOPMENTS Friday, July 25, 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.

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' 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

Insurance Fraud
"Void for Fraud" Provision Does Not Authorize Insurer to Void Coverage for All Insureds After Only One Commits Fraud, Washington Appeals Court Rules
An appellate court in Washington, affirming a trial court's decision, has ruled that public policy did not allow an automobile insurance carrier to void coverage for all insureds after only one named insured had committed fraud. Read More

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

Commercial General Liability
Travelers Must Pay Over $500 Million to Johns-Manville Asbestos Plaintiffs, Second Circuit Rules
The U.S. Court of Appeals for the Second Circuit, reversing a district court's decision, has ruled that The Travelers Indemnity Company and Travelers Casualty and Surety Company must pay over $500 million to asbestos plaintiffs based on Travelers' obligations under certain settlement agreements reached in the Johns-Manville Corporation bankruptcy proceedings years ago. Read More

View All Case Law Developments

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

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

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

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

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

50 Top Performing Insurance Companies Named by Ward Group Read More

View All Industry News
Improvements and Betterments 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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