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TODAY'S TOP DEVELOPMENTS Tuesday, December 30, 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.


Commercial General Liability
Pennsylvania Supreme Court Refuses to Extend “Multiple Trigger Theory” to Continuous, Progressive Property Damage
The Pennsylvania Supreme Court has refused to extend the “multiple trigger theory,” which it adopted in 1993 in the context of asbestos bodily injury claims, to a progressive property damage case. Instead, the court applied the “first manifestation” trigger, finding coverage when property damage first became “reasonably apparent.” Read More

Homeowners Insurance

Insureds’ Negligence Claim against Insurer Was Not Barred by Contention that “True Gist” of Action Was Breach of Insurance Policy, Pennsylvania Supreme Court Holds
The Pennsylvania Supreme Court has ruled that a negligence claim brought against an insurer by its insureds was not barred by the “gist of the action” doctrine because it was based on an alleged breach of a social duty imposed by the law of torts, and not an alleged breach of a duty created by the underlying insurance contract. Read More

Automobile Insurance
Insured May Assign Right to Recover Damages from Insurer Deriving from Insurer’s Alleged Bad Faith Toward Insured, Pennsylvania Supreme Court Rules
The Pennsylvania Supreme Court has ruled that, under Pennsylvania law, an insured may assign the right to recover damages from the insured’s insurance company deriving from the insurer’s alleged bad faith toward the insured. Read More

Workers Compensation
Employee’s Estate Could Not Recover UIM Benefits Where Accident Allegedly Was Caused by Co-Worker, Kentucky Appeals Court Decides
An appellate court in Kentucky, affirming a trial court’s decision, has ruled that the estate of an employee who died in an automobile accident in a company-owned vehicle driven by a co-worker at the end of a workday could not recover uninsured motorist benefits from the deceased employee’s insurance carrier, finding that workers’ compensation benefits afforded the exclusive remedy for the injuries sustained in the accident. Read More

View All Case Law Developments

In the States

3 States, 3 Different Futures for State Insurance Chiefs
At this time of year, directors of state insurance departments – and other government officials – often look to their futures. The different paths being taken by three different state insurance chiefs highlight the various options available to them. Read More

In the States

Texas State Office of Risk Management Appoints L. Todd Holt Deputy Executive Director
The Texas State Office of Risk Management has selected L. Todd Holt as the new deputy executive director of the State Office of Risk Management. Read More

View All Legislative/Regulatory Developments
Farmers Insurance Set to Enter Connecticut on January 1, 2015 Read More

Insurance Lawyer Norman Dachs Dies at 81 
Read More

Stephen Catlin to Receive the 2015 Insurance Hall of Fame Award 
Read More

Kemper Corporation to Acquire Alliance United Group 
Read More

XL Group Expands Executive Liability Protection Read More

View All Industry News
Coverage Analysis
Financial Institution Combination Safe Depository Policy


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

View Entire December Insurance Coverage Law Report
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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, 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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