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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.


Directors & Officers
No Coverage for Claim Seeking Right to Use Beach Property Rather than Compensation, Appeals Court Says
A Wisconsin appellate court has affirmed a trial court’s decision in favor of an insurer, finding no coverage for claims against its insured, a beach club condominium association, because the claims against the association did not seek “damages” but only the right to continue to use certain beach property. Read More

Automobile Insurance
In “Car on Bed” Case, Appeals Court Rejects Insurer’s Reliance on Release Previously Signed by Insured
An intermediate appellate court in New York has affirmed a trial court’s decision denying an insurer’s motion to dismiss a suit by its insured, finding that a release that the insured had signed upon receiving benefits from the insurer did not definitively bar the insured’s subsequent action. Read More

Automobile Insurance
Montana Supreme Court Upholds Order Requiring Insureds’ Attorney to Pay Insurer’s Attorney’s Fees, and a Fine
The Montana Supreme Court has affirmed a trial court’s decision requiring an attorney for insureds who sued their automobile insurer to pay the insurer’s attorney’s fees ($35,840.92) and an additional fine ($32,908.75) ruling that the trial court had not abused its discretion. The court concluded that the attorney’s argument that lesser sanctions had been imposed in other cases was “unavailing” because Rule 11 sanctions “must be based upon its own facts and circumstances.” Read More

No Coverage for Building Damage Where Insured Failed to Demonstrate that Water Leak, Rather than Severe Rainstorm, Was the Cause
The U.S. Court of Appeals for the First Circuit has rejected an insured’s appeal, finding that it had not demonstrated that a water leak from a cracked pipe – rather than a severe rainstorm – was the efficient proximate cause of damage to the insured’s building.  Read More

View All Case Law Developments

Alternative Risk and Captives

New Law Allows Captives in Texas
Beginning September 1, captive insurance companies will be permitted in Texas, as a result of a bill signed into law by Governor Rick Perry. Kimberly A. Yelkin, chair of the insurance regulatory practice at Gardere, said that the law “is very pro-business because of the tax advantages” – including a $200,000 tax cap on premiums – and that it “does not contemplate a lot of regulatory scrutiny.”  Read More

In the States
Lou Savage Leaving as Oregon Insurance Commissioner; Laura Cali Named to Post
After about two years as Oregon insurance commissioner, Lou Savage is leaving to work with the American Bar Association’s Rule of Law Initiative on legal reform in emerging democracies overseas. Laura Cali, the insurance division’s chief actuary and manager of product regulation, who is currently leading the technical review of health insurance rates, will replace him.  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
Enstar Group to Acquire Atrium Underwriting Group and Arden Reinsurance Read More

Top 10 States Most at Risk Of Disaster Areā€¦ Read More

AIG Added to S&P 100 Read More
Genworth Launches Its First Index Universal Life Insurance Product Read More
Old Republic Appoints Craig R. Smiddy as Chief Operating Officer for Its General Insurance Group Read More

View All Industry News
Insurance Forms & Resources

Towing Operation Damages a Second Vehicle
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
View Insurance Coverage Law Report Archives


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