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TODAY'S TOP DEVELOPMENTS Wednesday, January 15, 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.


Commercial General Liability
No Coverage for Complaint Alleging Insured Corporation and Its Director Had Sent Unsolicited Fax Ads, Third Circuit Rules
The U.S. Court of Appeals for the Third Circuit has affirmed a district court’s decision that a commercial general liability insurance policy did not provide coverage for a complaint alleging that the insured corporation and its director had violated the Telephone Consumer Protection Act by sending unsolicited facsimile advertisements. Read More

Commercial Property

Court Rejects Insurer’s Interpretation of Applicable Deductible in Superstorm Sandy Flood Case that Would Make Coverage “Illusory”
A trial court in New York has rejected an insurance carrier’s interpretation of the applicable deductible in a commercial property insurance policy that would have led the insurer to have no obligation to cover any of a $2.28 million flood loss caused by Superstorm Sandy. Read More

Commercial General Liability
4th Circuit, Reversing District Court, Finds No Coverage by Estoppel for Third Party
The U.S. Court of Appeals for the Fourth Circuit has ruled that a district court had improperly applied principles of equitable estoppel under South Carolina law to require that an insurance carrier provide coverage to a third party not otherwise entitled to coverage under the terms of a liability insurance policy.  Read More

Trial Strategy
Insurers as Intervenors in Suits Against Their Insureds in Federal Court
When a plaintiff in an underlying suit against an insured defendant has reached a settlement agreement with the insured, the last thing the plaintiff probably wants is to have the insurers intervene and prolong the litigation. Plaintiffs should recognize, however, that the standard for intervention in federal court is not difficult to meet, as a recent decision by a federal district court in Kansas illustrates. Read More

View All Case Law Developments

Health Insurance

Volunteer Emergency First Responders Deemed Exempt from Health Care Mandate
Volunteer emergency service workers will not be required to be counted as full time equivalent employees for purposes of health care coverage, according to the Treasury Department. Read More


Congressman Introduces New Legislation to Repeal Biggert-Waters
U.S. Representative Tom Marino (R-PA) has introduced new legislation to “fully repeal” all policy aspects of the Biggert-Waters Flood Insurance Reform Act of 2012. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Litigator Elizabeth F. Ahlstrand is Elected Partner at Seiger Gfeller Laurie Read More

FCCI Insurance Group Announces Promotions
Read More

RSA Ireland Says Its CFO and Claims Director Have Been Dismissed, as RSA Insurance Group Releases Audit Reviews
Read More

SIIA Names Adam Brackemyre Director of State Government Relations
Read More

Munich Health North America Selects Travis Micucci to Lead Munich Re Stop Loss
Read More

View All Industry News

Tenant's Improvements and Betterments Valuation


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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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