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TODAY'S TOP DEVELOPMENTS Tuesday, January 27, 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.


Life Insurance
Alcohol Exclusion in AD&D Policy Bars Coverage Where Alcohol At Least Contributed to Accident, Florida Appeals Court Rules
An appellate court in Florida, reversing a trial court's decision, has ruled that an alcohol exclusion in an accidental death and dismemberment policy barred coverage if alcohol at least contributed to an accident, even if it was not its sole cause. Read More

Commercial Property

"Fully Operational Alarm" Was Not Ambiguous and Required Alarm to Be Set Before Burglary, Appeals Court Rules
An intermediate appellate court in New York, affirming a trial court's decision, has ruled that a provision in a declaration page requiring a "fully operational" burglar alarm was not ambiguous and the failure of the alarm to be activated before a burglary barred the insured from recovering under the policy. Read More

Flood Policy Expired Before Superstorm Sandy Hit, New York Federal Court Rules
The U.S. District Court for the Eastern District of New York has ruled that a standard flood insurance policy issued under the National Flood Insurance Program by a "write your own" insurance company had expired — as a matter of federal law — for nonpayment of premiums well before Superstorm Sandy damaged the plaintiffs' home. Read More

Automobile Insurance
Woman Who Allegedly Fell While Exiting Vehicle When Her Knee "Gave Way" Was Not "Using" Vehicle to Be Able to Recover No-Fault Benefits, N.Y. Appeals Court Rules
An appellate court in New York, affirming a trial court's decision, has ruled that a woman who alleged that she fell while exiting her husband's vehicle when her knee "gave way" was not entitled to recover no-fault insurance benefits. Read More

View All Case Law Developments

Automobile Insurance

California DMV Issues — and Then Retracts — Advisory Requiring Commercial Registration of Ridersharing Vehicles
California's Department of Motor Vehicles has retracted an advisory it just recently issued that warned consumers driving for ridesharing companies such as Uber and Lyft that their vehicles had to be registered commercially. Read More

Insurance Fraud

Ex-N.Y. Yankees Pitcher Ted Lilly Charged with Felony Insurance Fraud
Ted Lilly, a former left-handed pitcher for the New York Yankees and several other professional baseball teams, has been charged in California with felony insurance fraud. Read More

View All Legislative/Regulatory Developments
Fidelity & Guaranty Life CEO Lee Launer Announces Retirement Date; Christopher Littlefield Named Successor Read More

Carole M. Ferrero and Robert M. Jones Form New Leadership Team at General Re 
Read More

XL Group Adds New Underwriters in Dallas 
Read More

FC&S Legal Publishes "New York High Court Finds Lead Exposure Injuries to Children of Different Families a Single Loss for Coverage Purposes" 
Read More

Dermot O'Donohoe to Lead Hamilton's Lloyd's Operations Read More

View All Industry News
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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill, 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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