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TODAY'S TOP DEVELOPMENTS Friday, September 16, 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.


Environmental Liability
In Case of First Impression, N.Y. Appeals Court Allocates Environmental Cleanup Costs to Insured Where Insurance Had Been Unavailable
In a case of first impression, a New York appellate court, reversing a lower court's decision, has ruled in a coverage dispute over long-term, gradual environmental property damage caused by pollution that the insurer did not have to indemnify its insured for losses attributable to time periods when liability insurance was otherwise unavailable in the marketplace. Read More

Commercial General Liability
How an Insurer Persuaded Two Courts to Strike Down a $1.125 Million Consent Judgment Reached by Its Insured
An appellate court in Indiana, affirming a trial court's decision, has ruled that an insurance company was not bound by a $1,125,000 consent judgment reached by its insured, a lounge and grill, with a customer who alleged that he had been assaulted there. Read More

Commercial General Liability
Assault and Battery Exclusion Precluded Coverage for Negligence Claims Relating to Shooting Outside Bar, Pennsylvania Appeals Court Decides
An appellate court in Pennsylvania, affirming a trial court's decision, has ruled that an assault and battery exclusion in a commercial general liability insurance policy issued to a bar precluded coverage for negligence claims stemming from a shooting outside the bar. Read More

Commercial General Liability
Louisiana Supreme Court Adopts Pro Rata Approach to Duty to Defend in Long Latency Disease Cases
The Louisiana Supreme Court, examining the duty to defend in a long latency disease case, has reversed the trial court's order requiring the insurer to pay for its insured's complete defense going forward and has concluded, instead, that the insurer was liable only for its pro rata share of defense costs based on its policy periods. Read More

View All Case Law Developments

Automobile Insurance

109-Count Indictment Charges Six Individuals with Massive Multi-Year Auto Insurance Fraud Scheme
New York prosecutors have brought charges against six individuals in a 109-count indictment for their alleged roles in a multi-year scheme to fraudulently obtain commercial car insurance policies and vehicle registrations. Read More

In the States
QBE Insurance Settles Massachusetts Charges that It Improperly Charged for Force-Placed Insurance
An insurance company has reached an agreement with Massachusetts Attorney General Maura Healey to provide refunds to Massachusetts homeowners who, the attorney general contended, had been improperly charged for force-placed insurance policies. Read More

View All Legislative/Regulatory Developments
Autonomous Vehicles May Reduce U.S. Auto Premiums by More Than 40 Percent by 2050, According to Aon Report Read More

New IUCN Report Highlights Major "Ocean Risk"; Scientists Describe a Hidden Challenge of "Truly Staggering" Ocean Warming 
Read More

Wells Fargo Insurance Study Shows Companies More Concerned with Private Data Loss Than With Hackers 
Read More

FC&S Legal Publishes "A Tough Pill to Swallow for Insurers – Seventh Circuit Finds Defense Owed for State's Prescription Drug Suit" 
Read More

FC&S Legal Publishes "New Insurance Endorsement Can Protect Businesses from $2.3 Billion Scheme" 
Read More

View All Industry News
Waste from Dogs Left Alone


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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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