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TODAY'S TOP DEVELOPMENTS Thursday, January 29, 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.


Professional Liability Insurance
Circuit Rejects Chiropractor's Contention that Alleged Negligence Occurred During Her Provision of "Professional Services"
The U.S. Court of Appeals for the Tenth Circuit, affirming a district court's decision, has ruled that allegations that a chiropractor negligently failed to warn a female minor about her ex-husband's alleged propensity to sexually molest underage females and allowed her ex-husband to access her office building, where he allegedly assaulted the girl, had not occurred during the chiropractor's provision of "professional services" and, therefore, were not covered by her malpractice insurance policy. Read More

Commercial General Liability

Healthcare Management Company's Alleged Negligence Arose out of "Professional Services," According to Nevada Federal District Court
A federal district court in Nevada has ruled that a professional services exclusion in commercial general liability insurance policies barred coverage for claims that a healthcare management company had negligently reviewed, supervised, and approved a network provider. Read More

Homeowners Insurance
No Coverage for Claims Alleging that Insured's Son Served Alcohol to Minors, Leading to Crash that Killed Three
An appellate court in Michigan, affirming a trial court's decision, has ruled that a homeowner's insurance carrier was not obligated to defend a claim alleging that the insured's son had served alcohol to minors, leading to a crash that killed three, finding no "accident" and, therefore, no occurrence. Read More

Commercial General Liability
"Earth Movement" Exclusion Bars Coverage of Claim Seeking Damages for Condo Association's Alleged Failure to Prevent Soil Movement
An appellate court in California, affirming a trial court's decision, has ruled that a commercial general liability insurance policy's earth movement exclusion barred coverage of claims by condominium owners that the insured homeowners' association had been negligent by failing to prevent soil movement that damaged their homes. Read More

View All Case Law Developments

Alternative Risk and Captives

Captives' Growth Slows in Vermont
Vermont licensed 16 new captives in 2014, down from the numbers licensed in previous years. Read More

Life Insurance

Woman Faked Ex-Husband's Death for $2 Million Life Insurance Payout, Feds Say
Irina Vorotinov has been charged by federal prosecutors in Minnesota with defrauding Mutual of Omaha Insurance Company of more than $2 million in life insurance proceeds by falsely claiming that her former husband had died. Her son, Alkon Vorotinov, was charged with actively concealing the fraudulent scheme. Read More

View All Legislative/Regulatory Developments
Life Partners Holdings Faces Delisting from NASDAQ Read More

National Council on Compensation Insurance President & CEO Stephen J. Klingel to Retire in 2016 
Read More

AXIS Capital and PartnerRe to Combine in $11 Billion Merger 
Read More

Walt Disney Veteran James S. Hunt to Serve on Board of Penn Mutual Life 
Read More

Consumer Group Says Large Auto Insurers Charge High Rates to Lower-Income Drivers Who Finance Car Purchases Read More

View All Industry News
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View Entire January / February Insurance Coverage Law Report
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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

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