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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.


Minnesota Supreme Court: Carbon Monoxide Released in a Home from a Boiler is a Pollutant
The Minnesota Supreme Court has ruled that, under the absolute pollution exclusion, carbon monoxide released in a home by a negligently installed boiler is a pollutant. The court rejected the argument that the definition of “pollutants” was ambiguous in the context of this case. Applying the “plain-meaning approach,” it held that carbon monoxide released from a negligently installed boiler clearly was a “pollutant” that was subject to the absolute pollution exclusion. Read More

Commercial Auto
Missouri Supreme Court: No UM Coverage for Passive Passenger in Van
The Missouri Supreme Court has ruled that a passive passenger in a daycare provider’s van was not an insured under the uninsured motorist insurance provisions of the daycare provider’s insurance policy. Read More

Automobile Insurance
Mississippi Supreme Court: Insurance Agents Must Obtain a “Knowing and Intelligent” Waiver of Uninsured-Motorist Coverage
The Mississippi Supreme Court has ruled that insurance agents must obtain a knowing and intelligent waiver of uninsured-motorist insurance coverage and must obtain that waiver in writing for it to be effective. It also has decided that a provision signed by an insured that purportedly waived UM coverage could be considered as evidence of whether the insured gave a knowing and intelligent waiver, but that the existence of the document was not outcome-determinative. Read More

Attorney’s Fees
Massachusetts Supreme Judicial Court: Insurer Insolvency Fund Liable for Attorney’s Fees to Prevailing Plaintiff in Consumer Action
The Massachusetts Supreme Judicial Court has ruled that where a plaintiff prevailed in a consumer action against the Massachusetts Insurers Insolvency Fund under Massachusetts General Laws c. 93A, § 9(1), the insolvency fund was liable for reasonable attorney’s fees. The decision follows its ruling in Wheatley v. Massachusetts Insurers Insolvency Fund, 456 Mass. 594, 925 N.E.2d 9 (2010), that the insolvency fund was subject “to consumer actions brought pursuant to G.L. c. 93A, § 9(1).”  Read More

View All Case Law Developments

Life Insurance

Texas Is First State to Adopt Medicaid Life Settlement Legislation
The Texas legislature has passed legislation to establish the nation’s first Medicaid Life Settlement law. Under the legislation, Texas seniors who are about to apply for Medicaid would have the ability to sell their life insurance policies for as much as 10 times more than the cash surrender value and apply those proceeds toward their long term care.  Read More

Life Insurance
Unclaimed Life Insurance Benefits Bill Signed into Law in Vermont
Vermont Governor Peter Shumlin has signed into law a bill that will require life insurance companies to make a good faith effort to contact beneficiaries when a policyholder has died. The Vermont law is based on model legislation developed by the National Council of Insurance Legislators.  Read More

View All Legislative/Regulatory Developments
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, 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
New Director for Troy University’s Risk Management Insurance Program Read More

HCC Insurance Launches Construction Property Risks Division Read More

As Hurricanes Loom, Florida Insurance Lives on Borrowed Time, Report Says Read More
Travelers Enhances Public Entity Management Liability Policy Read More
Former U.S. Federal Reserve Insurance Counsel Frank Alerte Joins Colodny Fass Read More

View All Industry News
Insurance Forms & Resources

Ask the Experts: Resident Insured’s Car Damaged by Named Insured
June, 2013


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

Employment Practices Liability Insurance Read More

HarrisMartin’s Superstorm Sandy Insurance Coverage Litigation Conference Read More

Asbestos Claims & Litigation  
Read More

View Full Calendar


Focus On: Inadvertent Omission of Exclusion Created Only the Appearance of Coverage, Circuit Finds in Upholding Decision Overturning Jury Verdict in Insured’s Favor  Read More

State Responses to Superstorm Sandy and Other Natural Disasters: Implications for Ceding Companies and their Reinsurers  Read More

Insurance Certificates and Evidence of Insurance for Lease Transactions  Read More

View Entire June Insurance Coverage Law Report
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