Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Tuesday, January 20, 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.


Commercial General Liability
New Hampshire Supreme: “Your Work” Exclusion Does Not Bar Coverage for Damage to Non-Defective Work on Condominium Units Damaged by Builder’s Allegedly Defective Work
The New Hampshire Supreme Court, reversing a trial court’s decision, has ruled that the “Your Work” exclusion in a commercial general liability insurance policy issued to a builder precluded coverage only for those parts of condominium units on which the allegedly defective work was done – and allowed coverage for damage to the non-defectively constructed parts of the units that was caused by the builder’s allegedly defective work. Read More

Commercial General Liability

Additional Insured’s Failure to Send Litigation Papers to Insurer Dooms Its Bid for Coverage
A federal district court in Alabama has ruled that the failure of an additional insured under a subcontractor’s commercial general liability (“CGL”) insurance policy to send litigation papers to the insurer after it was sued doomed the argument that it was entitled to coverage for that litigation – even though the insurer had timely notice of the lawsuit and of the underlying accident. Read More

Directors & Officers
SEC’s Formal Order Beginning Non-Public Investigation, Not Its Later Enforcement Action, Triggered Coverage, Court Rules
A federal district court in Massachusetts has ruled that a “claim” arose under a directors and officers insurance policy when the Securities and Exchange Commission began a non-public formal investigation and not the later time when it filed an enforcement action. Read More

Professional Liability Insurance
Court Upholds Insurers’ Settlement of Covered – But Not Uncovered – Claims against Law Firm’s Former Attorney
A federal district court in Minnesota has rejected a law firm’s former attorney’s contention that the firm’s malpractice insurance carriers owed him a duty to defend claims brought against him for actions he allegedly took after he left the firm because they were related to claims against him that arose while he was at the firm. The court also rejected the attorney’s argument that the insurers had breached fiduciary duties owed to him by settling the claims against him that arose while he was at the firm but refusing to defend him against the remaining claims. Read More

View All Case Law Developments

In the States

Spotlight On: Washington Insurance Commissioner’s Legislative Priorities for 2015
Washington Insurance Commissioner Mike Kreidler has released his legislative priorities for 2015. They include.... Read More

Health Insurance

California Requires Health Insurers to Have “Sufficient Medical Providers” to Provide Patients Timely Access to Care
California Insurance Commissioner Dave Jones has issued an emergency regulation establishing requirements for health insurers to create and maintain sufficient medical provider networks to provide timely access to medical care. Read More

View All Legislative/Regulatory Developments
Eugene Benger Joins Debevoise from N.Y. Financial Services Department Read More

Aerospace Insurer Announces Changes to Executive Leadership Team 
Read More

Allianz Global Corporate & Specialty Launches Financial Lines Insurance Coverage in the U.S. 
Read More

Cooperative of American Physicians Appoints Sarah E. Pacini as New CEO 
Read More

AmTrust Financial Services Acquires TMI Solutions Read More

View All Industry News
Malicious Damage and Covered Property


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

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2015 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018