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TODAY'S TOP DEVELOPMENTS Monday, October 3, 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.


Consumer Protection
Court Dismisses Claim That Allstate Violated Pennsylvania Consumer Protection Law in Sale of "All Perils" Landlord Policy
A federal district court in Pennsylvania has dismissed a lawsuit alleging that Allstate Indemnity Company had engaged in deceptive conduct during the solicitation or sale of an "All Risks" insurance policy to the owners of property rented to college students. Read More

Environmental Liability
Pollution Exclusion Precluded Insurer's Duty to Indemnify Where Carbon Monoxide Had Been Released from Boat's Engine Compartment into Open Air, Minnesota Court Decides
A federal district court in Minnesota has ruled that a pollution exclusion in a marine liability insurance policy precluded the insurance company's duty to indemnify for claims that carbon monoxide had been released from a boat's engine compartment into open air. The district court, however, found that the insurer had a duty to defend in the case, based on the allegations of the underlying complaint. Read More

Environmental Liability
Pollution Exclusion Conflicted with Premium Summary and Insurer Had to Cover Toxic Tort Suits Against Mining Company, Missouri Appeals Court Rules
An appellate court in Missouri has ruled that a pollution exclusion in a commercial general liability insurance policy issued to a mining company conflicted with the policy's premium summary and, therefore, did not preclude coverage for toxic tort lawsuits brought against the mining company. Read More

Environmental Liability
Pollution Endorsement Did Not Clearly Exclude Suit Against Insured Who Had Oil and Gas Interests, Fifth Circuit Decides
The U.S. Court of Appeals for the Fifth Circuit, reversing a decision by the U.S. District Court for the Southern District of Texas, has ruled that an insurance policy's pollution endorsement did not preclude coverage for a lawsuit against the insured where all of the alleged potential claims were not clearly excluded by the endorsement. Read More

View All Case Law Developments

Workers Compensation

Iowa Insurance Division Announces $8 Million Second Injury Fund Assessment
The Iowa Insurance Division, which supervises all insurance business transacted in the state, has decided that sufficient funds were not available to meet the liabilities of the Second Injury Fund. Therefore, it has imposed an $8 million assessment on insurers and self-insured employers in the state. Read More

Federal Actions
Congressman Erik Paulsen Named NAMIC Federal Legislator of the Year 
The National Association of Mutual Insurance Companies has named Representative Erik Paulsen (R-Minn.) as its Federal Legislator of the Year. Read More

View All Legislative/Regulatory Developments
XL Catlin Introduces New Logistics Services Policy Read More

Senior Executives Demonstrating Healthy Behaviors Is More Impactful Than Financial Incentives in Employee Health Plan Participation, Wells Fargo Study Finds 
Read More

Yahoo Finance to Host Exclusive Live Stream of Berkshire Hathaway Shareholders Meeting for Second Year 
Read More

Guardian Offers New Individual Disability Income Insurance Product 
Read More

Accounting for Billions in U.K. Insurance Market, Insurers Should Be Alert to Dynamics in Gibraltar's Turbulent Insurance Market, Says Verdict Financial 
Read More

View All Industry News
Purchase from Craigslist Is Not Replacement Cost


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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

FC&S Daily Legal Report ($1,295 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

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