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TODAY'S TOP DEVELOPMENTS Thursday, July 17, 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.

Attorney's Fees
Insurer that Paid Health Care Provider's Disputed Bills Only After Being Sued Can Be Held Liable for Provider's Attorneys' Fees, Florida Appeals Court Rules
An appellate court in Florida, reversing a trial court's decision, has ruled that an automobile insurance carrier that paid a health care provider's bills only after being sued can be held liable for the provider's attorneys' fees under Florida law. Read More

Commercial General Liability
Builder's SIR Applied Per Home, Not Per Suit, Court Decides
A federal district court in California has ruled that a self-insured retention in commercial general liability insurance policies issued to a construction and development company that was the defendant in a number of lawsuits, each involving multiple numbers of homes, applied on a per-home basis, and not on a per-suit basis. Read More

Crime and Employee Dishonesty
No Coverage for Bookkeeper's Alleged Thefts Where Insured Employed Her through Her LLC and She Was Not the Insured's Employee
A federal district court in Minnesota has ruled that an insured was not entitled to coverage for its claim that its bookkeeper had engaged in numerous fraudulent transactions where the policy provided coverage for employees and the bookkeeper had been hired as an independent contractor through her limited liability company. Read More

Commercial General Liability
When "And" Means "Or": Fifth Circuit Interprets "Claim Expense" in Coverage Litigation Stemming from Mold Suit
The U.S. Court of Appeals for the Fifth Circuit has ruled that the word "and" in an insurance policy's definition of the term "claim expense" had to be interpreted in the disjunctive under applicable Texas law, affirming a district court's decision in favor of an insurance carrier on this issue. Read More

View All Case Law Developments

In the States
Jenn Webb Named a Board Member of NIPR
The National Insurance Producer Registry, a non-profit affiliate of the National Association of Insurance Commissioners, has announced the appointment of Jenn Webb as the representative of the National Association of Professional Insurance Agents on its board of directors. Read More

Second Public Consultation Begins on Basic Capital Requirements for Global Systemically Important Insurers
The International Association of Insurance Supervisors has released for public consultation its proposed Basic Capital Requirements ("BCR") for global systemically important insurers. This is the second public consultation on the BCR and is open until August 8, 2014. Read More

View All Legislative/Regulatory Developments
Forty Percent of Workers Would Quit Their Jobs if They Could Buy Comparable Health Insurance Coverage, Securian Survey Find Read More

Everest Re Group Names Andrew Carrier as European General Manager Read More

Zurich and Mercer Launch Longevity Hedge for Smaller and Mid-Sized U.K. Defined Benefit Pension Plans Read More

Challenges of Cyber Risk Insurance Highlighted in Crawford & Company Whitepaper Read More

Allied World North America Adds Excess D&O to Its Product Suite in Canada Read More

View All Industry News
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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, 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

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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