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TODAY'S TOP DEVELOPMENTS Tuesday, January 28, 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
Nebraska Supreme Court Joins the Fray and Rejects Contention that "Severability Clause" Must Be Applied Separately to Each Insured
In a case in which the insured sought coverage for claims against him stemming from his son's alleged sexual assault of a minor, the Nebraska Supreme Court has ruled that a "severability clause" in the insured's homeowner's insurance policy and in his personal liability umbrella insurance policy, which required that the insurance be applied separately to each insured, did not change the effect of (or render ambiguous) exclusions that otherwise barred coverage for the insured. Read More

Commercial General Liability

Indiana Appellate Court Finds Total Pollution Exclusion Applicable to Alleged Liability for Release of Perchlorate
An Indiana appellate court, applying Maryland law, has ruled that a trial court had erred in deciding that the total pollution exclusion clause in a comprehensive general liability insurance policy was not applicable to the insured's alleged liability for the release of perchlorate. Read More

Automobile Insurance
Nevada Federal Court, Applying British Columbia Law, Bars Disclosure of Canadian Defendant's Statements to His Canadian Insurer
A federal district court in Nevada, in an action by a Nevada resident against a resident of British Columbia arising out of an automobile accident in Nevada, has issued a protective order barring discovery of statements the defendant made to the defendant's insurance company in British Columbia. Read More

Health Insurance
Missouri Federal Court Enjoins State's "Navigators" Law
A federal district court in Missouri has enjoined the director of the Missouri Department of Insurance, Financial Institutions and Professional Registration from enforcing various provisions of Missouri's Health Insurance Marketplace Innovation Act to the extent it applied to entities and individuals certified under federal law to provide services or perform functions pursuant to the Patient Protection and Affordable Care Act and its attendant regulations. Read More

View All Case Law Developments

Life Insurance

Now, Genworth Life Settles with States Over Death Master File Use
Genworth Life Insurance Company, Genworth Life and Annuity Insurance Company, and Genworth Life Insurance Company of New York have reached a $1.9 million settlement with state insurance departments in connection with their investigation of insurers' use of the Social Security Administration's Death Master File to cease making annuity payments but not to search for beneficiaries of life insurance policies who may be due benefits. Read More

In the States

Nationwide Settles with Missouri Department of Insurance after Market Conduct Exam
Missouri insurance regulators have reached a settlement with Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company after a market conduct examination into their handling of workers' compensation insurance. Read More

View All Legislative/Regulatory Developments
Stinson Leonard Street Completes Merger, Creating 25 Attorney Insurance Coverage Practice Read More

Insurance Attorney Robert DiUbaldo Admitted to Partnership at Edwards Wildman
Read More

XL Group's Bermuda Insurance Operations Appoints Rebecca Dupre as Senior Vice President of Excess Casualty Unit
Read More

Delaware Life Appoints Daniel J. Towriss as Its President
Read More

Highway Deaths Up, and State Legislative Action Down, Report Finds
Read More

View All Industry News

Trilogy on the Meaning of Subcontractor


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

View Entire December/January Insurance Coverage Law Report
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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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