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TODAY'S TOP DEVELOPMENTS Wednesday, January 7, 2015

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 Sanctions
Appeals Court Upholds Sanction on Plaintiff's Lawyer Who Made "Surprise" Motion to Dismiss Insured While Continuing Case against Insurer
A Louisiana appellate court has upheld a trial court's decision to sanction a plaintiff's lawyer who made a "surprise" motion in open court to dismiss a defendant while continuing the case against the defendant's insurer. Read More

Homeowners Insurance

Criminal Acts Exclusion Bars Coverage for Intoxicated Homeowner Who Negligently Shot Brother to Death
A federal district court in Minnesota has ruled that the criminal acts exclusion in a homeowners insurance policy barred coverage for a claim that the insured homeowner, while heavily intoxicated, shot his brother with a shotgun, killing him. Read More

Homeowners Insurance
Shooting Death Was Reasonably to be Expected as a Result of Insured's Criminal Acts, Illinois Appeals Court Rules
An appellate court in Illinois, affirming a trial court's ruling, has determined that a criminal acts exclusion in a homeowners insurance policy precluded coverage for a claim that the insured accidentally shot and killed a person after "waving a fully loaded gun around a group of people who had been drinking, abusing prescription drugs and smoking marijuana". Read More

Homeowners Insurance
Insureds' Negligence Claim against Insurer Was Not Barred by Contention that "True Gist" of Action Was Breach of Insurance Policy, Pennsylvania Supreme Court Holds
The Pennsylvania Supreme Court has ruled that a negligence claim brought against an insurer by its insureds was not barred by the "gist of the action" doctrine because it was based on an alleged breach of a social duty imposed by the law of torts, and not an alleged breach of a duty created by the underlying insurance contract. Read More

View All Case Law Developments

Health Insurance

Mental Health Parity Rules Now in Effect in State of Washington
New standards and tools for measuring parity between mental health and medical and surgical insurance benefits now are in effect in the State of Washington. Read More

Automobile Insurance

Nevada Attorney General Warns of Increase in Staged Automobile Accidents
Nevada Attorney General Catherine Cortez Masto has warned about the increase in staged automobile accidents intended to defraud automobile insurance companies. Read More

View All Legislative/Regulatory Developments
Stuart D. Rosen Joins Robinson & Cole's Insurance and Reinsurance Group from Bingham McCutchen Read More

Global Disaster Events Estimated to Cost Insurers US$34 Billion in 2014 
Read More

Matt Winter Is New Allstate President 
Read More

Farmers Mutual Hail Insurance Company to Acquire John Deere Crop Insurance's Lapse 
Read More

Radian to Sell Financial Guaranty Subsidiary to Assured Guaranty Read More

View All Industry News
Form Analysis
Pollution Liability Coverage Forms


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

View Entire December Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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
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

FC&S Legal: The Insurance Coverage Law Information Center

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