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TODAY'S TOP DEVELOPMENTS Friday October 24, 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 stop 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

Health Insurance

Washington Supreme Finds Blanket Exclusions of Neurodevelopmental Therapies in Health Insurance Policies “Void” and “Unenforceable”
The Washington Supreme Court, interpreting two Washington laws – the neurodevelopmental therapies mandate, RCW 48.44.450, and the mental health parity act, RCW 48.44.341 – has ruled that blanket exclusions of neurodevelopmental therapies in health insurance contracts were “void and unenforceable.” Read More

Commercial Lines
Anatomy of a Bad Faith Case: How a Court, Finding No Duty to Defend, Still Ruled that the Insurer Had Acted in Bad Faith
A recent decision by a federal district court in Washington, finding that an insurance company had no duty to defend an additional insured but nevertheless had acted in bad faith, highlights the issues and considerations that go into such a finding and is worth exploring in detail. Read More

Superstorm Sandy
Second Circuit Affirms that Policy Insured Property in Specific “Covered Location,” and Not Generator in Basement
In a Superstorm Sandy case, the U.S. Court of Appeals for the Second Circuit, affirming a decision by the U.S. District Court for the Southern District of New York, has ruled that a flood policy that defined the “covered location” as the insured’s corporate headquarters – specifically, “One New York Plaza, 33rd Floor, New York NY 10004” – did not cover a $2.2 million generator located in the basement of that building that was destroyed by the storm. 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

Homeowners Insurance

After Pocketing Insurance Premiums and Issuing Fake Insurance Certificates, Defendant Faces Jail Time
Dean Joseph Basler has pleaded guilty to two felony counts of embezzlement and admitted a special allegation that he embezzled over $150,000; he previously had been arrested by the Valencia, California, Office of the California Department of Insurance Fraud Division. Read More

View All Legislative/Regulatory Developments
Insurance Industry’s Artists Showcasing Artwork at Lloyd’s Annual Art Show Read More

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

XL Group Names Chris Dougherty EVP of Underwriting and Ceded Re; Appoints Michael Garceau as CFO 
Read More

Former Schiff Hardin Insurance Coverage Litigator William Meyer, Jr., Joins Nixon Peabody in Chicago 
Read More

United Property & Casualty Insurance to Assume More Than 37,000 Policies from Citizens Read More

View All Industry News
Portability and Determination of Personal Property


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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