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TODAY'S TOP DEVELOPMENTS Tuesday, January 19, 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.


Homeowners Insurance
Mississippi Supreme: “All-Risk” Policy Did Not Cover Loss Suffered When Barge Allided with Home During Hurricane Katrina
The Mississippi Supreme Court, affirming an appellate court decision, has ruled that an “all-risk” homeowners’ insurance policy that excluded from coverage loss caused by wind damage and loss caused by water damage did not cover the insured’s claim that her home had been damaged by a casino barge during Hurricane Katrina. Read More

Commercial General Liability
Classification Limitation Endorsement to Policy Was Not an Exclusion But a Definition of Scope of Coverage, N.Y. District Court Finds
An appellate court in New York, affirming a trial court’s decision, has ruled that that a commercial general liability insurance policy’s classification limitations of coverage “merely define[d] the activities that were included within the scope of coverage” and did “not constitute exclusions from coverage that would otherwise exist.” Read More

Commercial General Liability
Expected Defense Costs Are Includable When Determining Whether Amount in Controversy Has Been Met in Removed Insurance Coverage DJ Action
The U.S. District Court for the Northern District of Illinois has ruled that the costs an insurer expected to incur if it became obligated to provide a defense and indemnity to its insured had to be included when determining whether the amount in controversy had been met in an insurance coverage declaratory judgment action brought by the insured in a state court that the insurer had removed to federal court.  Read More

Automobile Insurance
Tenth Circuit Upholds Application of “Relative” Exclusion Where Insureds Were Not “Legally Entitled” to Collect from Owner of Underinsured Vehicle
The U.S. Court of Appeals for the Tenth Circuit, affirming a Colorado district court’s decision, has ruled that insureds were not entitled to claim uninsured/underinsured motorist benefits from their insurance carrier where they were not “legally entitled” to collect damages from the owner or driver of the allegedly underinsured motor vehicle. Read More

View All Case Law Developments

In the States

Florida Insurance Commissioner McCarty to Resign
Florida Insurance Commissioner Kevin M. McCarty has announced that he is resigning effective May 2, 2016 to pursue other job opportunities. Read More

Health Insurance
CMS Could Not Effectively Ensure that Advance Premium Tax Credit Payments Made Under Obamacare Were Only for Enrollees Who Paid Their Premiums, Report Finds
The Centers for Medicare and Medicaid Services (“CMS”) could not ensure that advance premium tax credit payments made to qualified health plan issuers were only for enrollees who had paid their premiums, according to a report by the Office of Inspector General for the U.S. Department of Health and Human Services. Read More

View All Legislative/Regulatory Developments
XL Catlin Promotes Anne Marie Elder to Chief Underwriting Officer for Marine Insurance in the Americas  Read More

New Insurance “Fronting” Carrier, Clear Blue Financial Holdings, Is Formed  
Read More

CNA Appoints Peter McCarron Senior Vice President of Commercial Claim  
Read More

Allianz Global Corporate & Specialty Launches Crisis Management Division in North America; Marcos Garcia Norris to Lead Team  
Read More

Aviva Says It Thwarted £250,000 Bogus Whiplash Claim by “Party Bus” Passengers  
Read More

View All Industry News
Wind Shear as Physical Contact


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

View Entire January/February 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
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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