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TODAY'S TOP DEVELOPMENTS Friday, September 27, 2013

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
N.J. Supreme: In Allocating Costs of Environmental Cleanup, Solvent Carrier’s Policies Must Be Exhausted Where Other Insurer Was Insolvent and Administered by State’s Guaranty Association
In a case involving the appropriate allocation of costs for the cleanup of environmental contamination of property when one of two insurance companies on the risk had become insolvent and taken over by the New Jersey Property-Liability Insurance Guaranty Association, the New Jersey Supreme Court has decided that the solvent carrier’s policies had to be exhausted before the Guaranty Association’s reimbursement commitments were triggered. Read More

Professional Liability Insurance

With Law in Flux, District Court Finds that Maryland Statute Requiring Actual Prejudice Trumps Policy’s Timely Notice Requirement
Another court in Maryland has issued a decision on the applicability of Section 19–110 of the Insurance Article of the Maryland Code. In this case, the court denied an insurer’s motion to dismiss a coverage complaint on the ground that the insured had not provided timely notice under the policy, finding that the “actual prejudice” requirement in Maryland insurance law trumped the policy’s notice requirement. Read More

Trial Strategy
Can a Supplemental Interrogatory Answer Be Filed After the Discovery Deadline Has Passed?
Interrogatories can help to focus the issues in an insurance coverage case. But what happens when an interrogatory answer is supplemented after the deadline for discovery has passed? A recent decision by a U.S. magistrate judge in Wisconsin answers the question. Read More

Estate’s Wrongful Death Claim Was Barred by “Bodily Injuries” Exclusion, Court Finds
In a case of apparent first impression, a New York court has ruled that a wrongful death claim brought against the administrator of an insured husband’s estate by the administrator of the insured wife’s estate was barred by a policy exclusion for liability for bodily injuries sustained by an insured. Read More

View All Case Law Developments

In the States

Bill Would Create Private Cause of Action in New Jersey for Bad Faith Settlement of Certain Post-Disaster Insurance Claims
A bill introduced in the New Jersey Assembly would create a private cause of action for bad faith settlement of certain insurance claims – and would authorize the awarding of punitive damages. Read More

Insurance Fraud

Public Adjuster to Be Dissolved After Attempting to Defraud Insurer
A Monmouth County, New Jersey, public adjusting company has pleaded guilty and has been sentenced for submitting fraudulent insurance claims in an attempt to defraud New Jersey Manufacturers Insurance Company out of more than $15,000. Read More

View All Legislative/Regulatory Developments
Lindsey McCutchan Rejoins Scottsdale Insurance as Associate Vice President of Business Operations Legal Read More

Genworth Financial Begins Filing for Premium Rate Increases on Certain Privileged Choice and Classic Select Policies
Read More

New Report by Lloyd’s on Wildfire Risk: “Wildfire: A Burning Issue for Insurers?”
Read More

Minnesota Life Insurance Releases Insurance Upgrades
Read More

Eastern Insurance Holdings to be Acquired by ProAssurance Corporation
Read More

View All Industry News

Income Continuation Under PIP Endorsement


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

View Entire September 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, Tressler 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 ($795 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].

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