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TODAY'S TOP DEVELOPMENTS Thursday, August 20, 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.


Eighth Circuit Distinguishes Between “Express” and “Implied” Permission to Find Coverage for 12 Year Old’s Fatal ATV Accident
The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the District of Minnesota, has ruled that an exclusion for a person operating an all-terrain vehicle with an insured’s “express permission” did not apply where a 12 year old girl’s father and grandfather only had given the girl tacit permission to operate the ATV before it was involved in a fatal accident. Read More

Professional Liability Insurance

Malpractice Insurer Ordered to Defend Attorney and Her Law Firm in Connection with Civil Contempt Action Brought in Bankruptcy Court
A federal district court in Washington has ruled that a malpractice insurance carrier must defend a lawyer and her firm in connection with a civil contempt action brought in a bankruptcy court that alleged that they had violated the discharge injunction issued in favor of a debtor in bankruptcy. Read More

Life Insurance
Fifth Circuit: No Coverage Where Widow Failed to Show that Husband’s Death Occurred While He Was “Exiting” His Car
The U.S. Court of Appeals for the Fifth Circuit, affirming a decision by the U.S. District Court for the Southern District of Texas, has ruled that a widow was not entitled to benefits under her husband’s life insurance policy where she could not demonstrate that he had died while “exiting” from his car and he apparently had died from a fall after he had exited his car. Read More

Commercial General Liability
Insurer Must Defend Supplier Against Allegations It Provided Tainted Apples that Were Incorporated into Baby Food that Was Recalled
A federal district court in New York has ruled that an insurance company that issued a commercial general liability insurance policy and an excess/umbrella policy to a company that supplied apples to a baby food manufacturer was obligated to defend the supplier in a lawsuit that alleged that some of the supplier’s apples had been contaminated and incorporated into baby food that the baby food manufacturer had to recall. Read More

View All Case Law Developments

Superstorm Sandy

New Jersey Delegation Calls for Extension of FEMA Sandy Claims Review Deadline
U.S. Senators Bob Menendez and Cory Booker and Representatives Frank Pallone, Bill Pascrell, Frank LoBiondo, Albio Sires, Leonard Lance, Donald Payne Jr., Rodney Frelinghuysen, Donald Norcross, Scott Garrett, Bonnie Watson Coleman, and Chris Smith of New Jersey have sent a letter to Federal Emergency Management Agency (“FEMA”) Administrator Craig Fugate requesting a three month extension of the September 15 deadline for Sandy victims to opt-in to FEMA’s Sandy Claims Review. Read More

Health Insurance
Connecticut Lifts Age Limit of 40 for Coverage for Infertility Treatment
The Connecticut Insurance Department has issued a bulletin to all health insurance companies authorized to conduct business in Connecticut regarding health insurance coverage for infertility treatment and procedures. In particular, the bulletin addressed the use of age-based benefit restrictions in the infertility treatment mandate. Read More

View All Legislative/Regulatory Developments
Insurance Regulatory Attorney Nicole Zayac Joins Michelman & Robinson as Senior Counsel Read More

Sutherland Adds Former Insurance Industry Executive Maureen Emmert Adolf as Senior Policy Adviser” 
Read More

Hallmark Financial Services Launches Specialty Property Unit Read More

FC&S Legal Publishes “Facilitating Deal-Making Through the Use of Representation and Warranty Insurance” 
Read More

FC&S Legal Publishes “New York Enacts Regulatory Safe Harbor for Group Life and Group A&H Insurance Sales to Multinational Clients Covering Non-U.S. Employee” Read More

View All Industry News
Form Analysis
Contractors Equipment Coverage Form


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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