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TODAY'S TOP DEVELOPMENTS Wednesday, August 24, 2016  

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 General Liability
Total Pollution Exclusion Precluded Coverage for Damages Caused by Escaping Roof Tar, Ohio District Court Concludes
A federal district court in Ohio has ruled that the total pollution exclusion in a commercial general liability insurance policy precluded coverage for claims that roof tar had escaped from a roof and flowed into Lake Erie. Read More

Commercial General Liability
"Defective Workmanship" That Damaged Other Property Was "Occurrence," Eighth Circuit Rules
The U.S. Court of Appeals for the Eighth Circuit, reversing a decision by the U.S. District Court for the Southern District of Iowa, has ruled that allegedly "defective workmanship" that resulted in damage not "only to the work product itself" but also to other property was an occurrence. Read More

Attorney's Fees
California Appeals Court Affirms Restitution Order Including Victim's Parents' Attorneys' Fees
An appellate court in California has affirmed a victim restitution order entered by a trial court that included the victim's parents' attorneys' fees, notwithstanding their agreement to indemnify the criminal defendant and his insurance carrier for attorneys' fees. Read More

Professional Liability Insurance
Yet Another Georgia Federal Court Allows an Insurer to Rescind a Law Firm's Malpractice Policy Based on One Partner's Misrepresentation
Another federal district court in Georgia has ruled that an insurance carrier could rescind a law firm's professional liability insurance policy based on one partner's misrepresentation in the insurance application – even though the firm's other partner was unaware of the misrepresentation. Read More

View All Case Law Developments


FEMA Extends Grace Period to Renew Flood Insurance Policies in Declared Louisiana Parishes
The Federal Emergency Management Agency has announced that, due to the damage and displacement caused by recent flooding, the grace period to renew flood insurance policies has been extended to 120 days for certain parishes in Louisiana. Read More

Health Insurance
CMS Examining Whether People Eligible for Medicare or Medicaid Were Inappropriately Steered into ACA
The Centers for Medicare & Medicaid Services ("CMS") has issued a request for information seeking public comment on concerns that some health care providers and provider-affiliated organizations may be steering people eligible for, or receiving, Medicare and/or Medicaid benefits into Affordable Care Act-compliant individual market plans. Read More

View All Legislative/Regulatory Developments
Economical Seeking New Chief Underwriting Officer Read More

Social Security Disability Applications Near 1.4 Million Through July 2016, Allsup Reports 
Read More

Petplan Finds Working Dog Breeds More Prone to Injury, Cancer  
Read More

EMC Reinsurance President Ron Hallenbeck Has Retired 
Read More

Donna M. Carrelli Promoted to Divisional Vice President of Great American Insurance Group 
Read More

View All Industry News
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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, Cope Ehlers, 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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