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TODAY'S TOP DEVELOPMENTS Wednesday October 22, 2014

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.


Insurer Insolvency
Connecticut Supreme: Insurer's Pre-Insolvency Breach of Duty to Defend Did Not Estop State's Insurance Guaranty Association from Contesting Claim under Insolvent Insurer's Policy
The Connecticut Supreme Court has ruled that an insurance company's pre-insolvency breach of its duty to defend a claim during an underlying litigation did not estop the Connecticut Insurance Guaranty Association (the "Association") from contesting its obligation under the Connecticut Insurance Guaranty Association Act (the "Act") to pay a claim made under the insolvent insurer's policy. Read More

Workers Compensation

Three Year Negligence Statute of Limitations, Not Two Year Malpractice Period, Applies to Suits Against Insurance Agent, Michigan Appeals Court Rules
An appellate court in Michigan, reversing a trial court's decision, has ruled that the statute of limitations applicable to a claim that an insurance agent secured insurance coverage other than that sought by the insured, leaving the insured liable under circumstances where the insured had expected coverage, was a claim for negligent procurement and advice sounding in ordinary negligence (subject to a three year statute of limitations), not malpractice (subject to a two year period). The appellate court also determined that the claim had accrued when the insurer had denied the insured's claim. Read More

Environmental Liability
N.Y. Court Uses "Pro Rata Time on the Risk Allocation" to Determine Insurer's Indemnification Obligations with Respect to Environmental Damage Occurring Over Many Years
A New York trial court has ruled that a "pro rata time on the risk allocation" should be used to determine an insurer's indemnification obligations with respect to environmental damage that took place over many years at two sites in New York. Its decision also set forth the factual issues that needed to be resolved, and the parties' burden of proof, before the exact allocation could be finalized. Read More

Commercial General Liability
Eighth Circuit, Applying "Dual Purpose" Test under Missouri Law, Finds that LLC's Managing Member Had Not Been Using Non-Owned Auto in the Course of LLC's Business
The U.S. Court of Appeals for the Eighth Circuit, reversing a Missouri federal district court's decision and applying a "dual purpose" test, has ruled that a managing member of a limited liability company had not been using a "non-owned" auto "in the course of" the LLC's business, and that, accordingly, there was no coverage for claims brought against the LLC arising from an auto accident involving the auto. Read More

View All Case Law Developments

Eye on the Experts

Auto Accidents and Insurance Claims When Cars Start Driving Themselves
This Eye on the Experts article provides an overview of emerging auto technology, discusses auto accident litigation in the age of self-driving cars, and gives examples of novel insurance coverage issues that may arise when cars drive themselves. Read More

Federal Actions

SEC Charges Four Insurance Agents with Securities Fraud for Allegedly Targeting Elderly Investors
Four insurance agents have been charged by the Securities and Exchange Commission for unlawfully selling securities in what the SEC alleged was a multi-million dollar offering fraud targeting elderly investors. Read More

View All Legislative/Regulatory Developments
United Property & Casualty Insurance to Assume More Than 37,000 Policies from Citizens Read More

Hiscox Re Appoints Bevis Tetlow Chair of North America and Caribbean and Philip Vandoninck Chair of International 
Read More

Till Capital to Acquire Omega Insurance Holdings 
Read More

Peter R. Kellogg Retiring as CEO of IAT Reinsurance Company; William Cunningham Named His Successor 
Read More

Elan R. Kandel Joins Global Insurance Department at Cozen O'Connor Read More

View All Industry News
Depreciation and Calculation of ACV


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

View Entire October/November Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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
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, Rivkin Radler 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

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