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TODAY'S TOP DEVELOPMENTS Monday, August 10, 2015

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
It's Time for Pennsylvania's Top Court to Determine Whether the Economic Loss Doctrine Bars First Party Claims under Pennsylvania's UTPCPL
Another federal district court in Pennsylvania has been asked to decide whether the economic loss doctrine barred first party claims under Pennsylvania's Unfair Trade Practices and Consumer Protection Law. This court decided that it did – but numerous other federal, and lower Pennsylvania, courts have reached the opposite conclusion. It is time for the Pennsylvania Supreme Court to resolve the issue. Read More

Commercial General Liability

Tenth Circuit: Colorado's "Complete Operation" Doctrine Barred Coverage for Suit Alleging that Workers Delivering Stairmaster Lost Control and It Tumbled Down the Steps, Crushing Buyer
The U.S. Court of Appeals for the Tenth Circuit, affirming a decision by the U.S. District Court for the District of Colorado, has ruled that the "loading or unloading" provision in an auto exclusion in a commercial general liability insurance policy, which mirrored Colorado's "compete operation" doctrine, barred coverage for a lawsuit alleging that a Stairmaster exercise machine being delivered by two of the insured's employees fell down the stairs at the purchaser's loft, crushing her. Read More

Commercial General Liability
No Coverage for "Junk Fax" Class Action Where Individuals' Separate Claims Did Not Reach Policy's $1,000 Deductible, Eighth Circuit Affirms
The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the Western District of Missouri, has ruled that an insurance company was not obligated to defend its insured in connection with a putative "junk fax" class action lawsuit where the amount sought by individuals did not separately reach the $1,000 deductible in the insured's policy. Read More

Business Owners
Eighth Circuit: Insured May Recover "Extra Expenses" Incurred in Moving Medical Practice to Replacement Location After Tornado
The U.S. Court of Appeals for the Eighth Circuit has ruled that a medical practice that moved to a replacement location after a tornado damaged its insured location was entitled to be reimbursed as "extra expenses" for the repair and relocation of its magnetic resonance imaging machine and for the replacement of other specialty equipment. Read More

View All Case Law Developments


NAIC Releases Draft Consumer Bill of Rights, Coordinates Insurer Examinations to Verify Data Security, and Sponsors Cybersecurity Forum
The National Association of Insurance Commissioners is moving forward with three additional initiatives designed to help protect consumer information and educate the public about cyber risks. Read More

Alternative Risk and Captives
Vermont Reports 14 New Captive Insurance Companies
The Vermont Department of Financial Regulation has reported the licensing of 14 new captive insurance companies: seven pure, three risk retention groups, one special purpose financial captives, one industrial insured, one sponsored, and one association. Read More

View All Legislative/Regulatory Developments
GEICO Introduces Ridesharing Product to Pennsylvania Read More

$470 Billion in Insurance Premiums Up for Grabs Due to Declining Customer Loyalty and Perceived Product Commoditization, Accenture Reports 
Read More

Munich Re Introduces U.S. Inland Flood Insurance Product Read More

Allianz Life Adds Accumulation Bonus, New Index Option to Fixed Index Universal Life Insurance Policies 
Read More

W. Robert Berkley, Jr., to Assume CEO Role at W. R. Berkley Corporation Read More

View All Industry News
Property Manager as Additional Insured


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

View Entire July/August Insurance Coverage Law Report
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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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