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TODAY'S TOP DEVELOPMENTS Friday, January 10, 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.


Homeowners Insurance
Prohibited Dog Exclusion Bars Coverage for Claim that Insured Negligently Failed to Disclose If His Pit Bull Had Its Rabies Shots, Arizona Appeals Court Holds
An appellate court in Arizona has affirmed a trial court's summary judgment ruling in favor of a homeowner's insurance company, finding that the "prohibited dog" exclusion in the animal liability endorsement to the policy barred coverage for negligence claims against the insured asserting that his Pit Bull had bitten the underlying plaintiff and that the insured had negligently failed to inform the underlying plaintiff as to whether the Pit Bull had timely received its rabies shots. Read More

Personal Umbrella

Court Rejects "Mere Teenage Horseplay" and "Too Intoxicated to Intend Harm" Arguments, Finding No Coverage
A federal district court in Minnesota has ruled that allegations that a teenage driver drank heavily, drove at high speeds on residential streets, and fled from the police were sufficient to allow it to determine that there was no coverage under an umbrella insurance policy issued to the teenager's father based on the policy's occurrence/intentional act provisions. Read More

Product Liability Coverage
Independent Equitable Cause of Action for Medical Monitoring is Rejected by New York's Top Court
New York's highest court, the New York Court of Appeals, has refused to recognize an independent equitable cause of action for medical monitoring.  Read More

Commercial Property
Court Rejects Coverage and Bad Faith Claims in Dispute over Basement Generator Flooded by Superstorm Sandy
A federal district court in New York has ruled that coverage was not available for a generator located in the basement of a building that was flooded by Superstorm Sandy where the policy covered only a specified location, identified as the 33rd floor of the building. The district court also dismissed the insured's bad faith claim against the insurer, explaining that New York law did not recognize it and that bad faith could not be shown when the insurer had arguable support for a denial, as the insurer did here. Read More

View All Case Law Developments

Insurance Fraud

New York City Charges 80 Retired Police Officers and Firefighters with Disability Fraud Costing Federal Taxpayers Hundreds of Millions of Dollars
Manhattan District Attorney Cyrus R. Vance, Jr., has indicted 106 people for perpetrating what he characterized as "a massive fraud" against the federal Social Security Disability Insurance Benefits program that allegedly cost the federal government hundreds of millions of dollars. Read More

Automobile Insurance

Pennsylvania Becomes 30th State to Permit Motorists to Use Electronic Devices to Show Proof of Insurance and Deductibles
At the beginning of 2013, just seven states permitted the use of electronic devices to display proof of insurance. This issue became one the hottest insurance-related legislative trends and, as the year came to an end, 30 states had adopted the practice. Read More

View All Legislative/Regulatory Developments
Robert H. Coughlin, Jr., to Lead New York Bar Association's Torts, Insurance, and Commercial Law Section Read More

Self-Driving Cars Are Coming, and Auto Accidents Will Virtually Disappear, Analyst Contends
Read More

Professional Liability Insurance Attorney Kimberly A. Ashmore Elected Partner at Wiley Rein
Read More

Manulife Financial Completes Sale of Its Life Insurance Operations in Taiwan to CTBC Life
Read More

Marsh Launches Habitational Real Estate Property Insurance Facility
Read More

View All Industry News

False Pretense Insurance


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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, 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

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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