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TODAY'S TOP DEVELOPMENTS Monday, March 14, 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.


Commercial General Liability
11th Circuit: “Occurrence” Was Ambiguous and Policy Covered Dealer’s Negligent Repair of Auto Although Injury Did Not Manifest until After Coverage Period
The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Georgia, has ruled that the term “occurrence” in an insurance policy issued to an auto dealership was ambiguous and that the policy covered the “occurrence” of the allegedly negligent repair that took place during the coverage period, even though injury did not manifest until after the coverage period. Read More

Homeowners Insurance
Reversing Trial Court, N.Y. Appeals Court Finds No Coverage for “Collapse” Where Home Was Still Standing
An appellate court in New York, reversing a trial court’s decision, has ruled that a homeowners’ insurance policy that defined the term “collapse” did not provide coverage to the insureds where their home was still standing, notwithstanding that posts supporting a structurally important deck allegedly were damaged by hidden decay and rot. Read More

Court Not Prepared to Rule on Boy Scouts’ Coverage Claim for Potential Sexual Abuse Lawsuits
The U.S. District Court for the Northern District of Texas has rejected, as unripe, the effort of the Boy Scouts of America to obtain a declaratory judgment obligating its excess insurance carrier to pay future defense costs and indemnity payments for currently unfiled potential future lawsuits. Read More

Commercial Property
“Surface Water” Exclusion Encompassed Water from Natural and Man-Made Sources, Pennsylvania District Court Decides
A federal district court in Pennsylvania has dismissed an insured’s breach of contract action against its insurer, finding that a “surface water” exclusion in a commercial property insurance policy encompassed water from natural sources and from man-made sources, such as a broken water main. Read More

View All Case Law Developments

In the States

Janet Grace Named to Lead Connecticut Captive Insurance Regulatory Unit
Janet Grace has been named to oversee the Connecticut Insurance Department’s captive insurance unit. Read More

Health Insurance
North Carolina Insurance Department to Examine Blue Cross and Blue Shield of North Carolina
North Carolina Insurance Commissioner Wayne Goodwin has met with executives of Blue Cross and Blue Shield of North Carolina to discuss what he characterized as the insurer’s “ongoing payment and enrollment problems.” Read More

View All Legislative/Regulatory Developments
Benefitfocus Study Shows Half of Large Employers Now Offer High-Deductible Health Insurance Plans; Millennials Top Takers Read More

QBE North America Appoints Daniel Franzetti Chief Claims Officer 
Read More

Berkshire Hathaway Shareholders Meeting to Stream Live on Yahoo Finance 
Read More

Sandy Weill Retires from Hamilton Board; Brian Duperreault Now Chairman & CEO 
Read More

Professional Insurance Marketing Association Elects 2016 Board of Directors 
Read More

View All Industry News
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CA 20 55 10 13


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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
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

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