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TODAY'S TOP DEVELOPMENTS Friday, December 13, 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.


Trial Strategy
A Proof of Loss, and the Business Records Exception to the Hearsay Rule
The Rhode Island Supreme Court recently issued an interesting decision in a personal injury action involving the question of the admissibility of a proof of loss prepared after an automobile accident by an insured, who died before discovery and trial of the personal injury action. The decision by the Rhode Island Supreme Court offers important guidance on the business records exception to the hearsay rule when it involves insurance-related documents, and otherwise. Read More


9/11: Insurers' Lose Subrogation Bid against 7 World Trade Center
The U.S. Court of Appeals for the Second Circuit has upheld the dismissal of a subrogation action brought by insurance companies against the entities that designed, built, operated, and maintained 7 World Trade Center ("7WTC") in Manhattan. The insurers argued that the building had been negligently designed and constructed, which had caused it to collapse on 9/11. Read More

Homeowners Insurance
Wife Intentionally Burning Down Home Dooms Coverage for Husband, Indiana Appeals Court Rules
An appellate court in Indiana has rejected a husband's claim that he was covered as an innocent co-insured spouse and could recover damages under his homeowners' insurance policy after his wife intentionally burned down their home. Read More

Commercial General Liability
After a Declaratory Judgment Action Is Decided: What Happens Next?
What happens to the "underlying" case after a declaratory judgment action is decided in favor of coverage? A decision by a federal district court in Oklahoma illustrates some of the possible next steps. Read More

View All Case Law Developments

In the States

NCOIL Reaffirms Support for State-Based Insurance Regulatory System
Legislators at the annual meeting of the National Conference of Insurance Legislators again voiced their unqualified support of the U.S. state-based insurance regulatory system. Read More

Life Insurance

With Another Life Insurer Settling Death Master File Investigation, More Than Half the Market Now Has Signed On
State insurance regulators have reached a settlement with the Lincoln National group of insurers over the insurers' use of the Social Security Administration's Death Master File database. Read More

View All Legislative/Regulatory Developments
Prudential Financial Senior Executive Maureen Adolf Joins Regulatory Team at Nelson Levine Read More

Allstate Launches Emerging Manager Program
Read More

More Than One Quarter of Americans Surveyed Would Consider Moving To Get Better Health Insurance
Read More

USA Risk Group Appoints Paul Macey President of Offshore Operations
Read More

Fireman's Fund Enhances High Net Worth Art Collection Coverage
Read More

View All Industry News

Damage to Premises Rented to Named Insured


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

View Entire December/January 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 ($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 [email protected].

FC&S Legal: The Insurance Coverage Law Information Center

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