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TODAY'S TOP DEVELOPMENTS Monday, January 4, 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.


Vermont Supreme Court Again Applies Pollution Exclusion to Preclude Coverage
The Vermont Supreme Court, for the second time this year, has applied a pollution exclusion in an insurance policy to preclude coverage for a claim. This time, it ruled that damage to an insured home and personal property resulting from the spraying within the home of a pesticide known as chlorpyrifos was not covered by a homeowners’ insurance policy. Read More

Homeowners Insurance
Arkansas Supreme Court Again Refuses to Allow Insurer to Depreciate Labor in Calculating “Actual Cash Value”
The Arkansas Supreme Court has again refused to permit an insurance company to depreciate labor in the calculation of actual cash value – even though, this time, the insurance policy specifically provided for depreciation of labor. Read More

Commercial General Liability
Relying on 20-Year-Old Decision, N.Y. Federal Court Finds No Occurrence for Insured’s Alleged Failure to Complete Its Contractual Duties
The U.S. District Court for the Southern District of New York, relying on a 20-year-old decision, has ruled that a commercial general liability insurance policy did not provide coverage for claims that the insured failed to complete its contractual duties, as they did not stem from an occurrence. Read More

Crime Policy Did Not Cover Inflated Bids But Did Cover Kickbacks to Employee, New Jersey District Court Holds
A federal district court in New Jersey has ruled that the share of padded payments taken by the insured’s employee constituted “employee theft” under a crime policy – but that the excess amount the insured paid to a third party on inflated bids was not covered by the policy. Read More

View All Case Law Developments

In the States

Missouri Insurance Regulators Reach Settlement with Medicare Supplement Insurer
The Missouri Department of Insurance has reached a settlement agreement with the Old Surety Life Insurance Company after regulators alleged the insurer discouraged producers from accepting Medicare Supplement applications from unhealthy consumers during open enrollment and guarantee issue periods. Read More

In the States
Connecticut Insurance Commissioner Warns of Phone Scams Targeting Policyholders
Connecticut Insurance Commissioner Katharine L. Wade is advising consumers to be wary of a scam in which a caller poses as a representative of an insurance company and informs people that their policy is being canceled for non-payment. The caller then asks for a credit card payment over the phone to reinstate the policy. Read More

View All Legislative/Regulatory Developments
Melody Health Insurance, a Startup Health Insurance Carrier, Raises $3.8 Million Read More

Great American Insurance Launches Mergers & Acquisitions Liability Division; Two Attorneys Appointed to Lead Division 
Read More

MetLife Adopts Proxy Access Bylaw Amendment 
Read More

Joan Budden Named President and CEO of Priority Health 
Read More

FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: Iowa” 
Read More

View All Industry News
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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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