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TODAY'S TOP DEVELOPMENTS Thursday, February 4, 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.


Commercial Property
Coverage for "Personal Effects" Did Not Include Fencing in Insured's Trailer, Tennessee Appeals Court Affirms
An appellate court in Tennessee, affirming a trial court's decision, has ruled that an insurance policy that provided coverage for "personal effects" of the insured located at specific premises did not cover fencing material owned by the insured. Read More

Commercial General Liability
No Coverage for Suit Stemming from Fatal Injury at Lacrosse Practice, Kentucky District Court Rules
The U.S. District Court for the Western District of Kentucky has ruled that a commercial general liability insurance policy did not provide coverage for claims stemming from a fatal injury that occurred on Bellarmine University's campus during a men's lacrosse practice because its Athletic Participants Exclusion Endorsement excluded coverage for bodily injury "to any person engaged in athletic, exercise, or sports activities" sponsored by Bellarmine or conducted on the university's premises. Read More

Verdicts & Settlements
Lawsuit Alleged that Distracted Motorist Struck Scooter's Rider
A 14 year old girl injured when she was struck by, or collided with, a car will receive $37,500 in damages after a jury trial in New York. Read More

Commercial Property
Fifth Circuit, Predicting Texas Law, Decides that Proximate-Cause Analysis Is Correct Standard for Determining Number of Occurrences
The U.S. Court of Appeals for the Fifth Circuit, affirming a decision by the U.S. District Court for the Middle District of Louisiana, has decided that the Texas Supreme Court would hold that, under Texas law, proximate cause is the correct standard for determining the number of occurrences.  Read More

View All Case Law Developments

Alternative Risk and Captives

Arkansas Approves Its First Special Purpose Captive Insurance Company
The Arkansas Insurance Department has approved the creation of Arkansas' first special purpose captive insurance company, Diamond Risk Insurance, LLC, a wholly‐owned subsidiary of Baptist Health.  Read More

Insurance Fraud
Mikhail Zemlyansky Sentenced to 15 Years for No Fault Automobile Insurance Fraud
Mikhail Zemlyansky has been sentenced to 15 years in prison in connection with his operation, from 2007 through 2012, of what federal prosecutors have characterized as "a sprawling racketeering conspiracy that engaged in the largest single no fault automobile insurance fraud scheme ever charged." Read More

View All Legislative/Regulatory Developments
Everest Insurance Appoints Bill Thygeson as Chief Administrative Officer  Read More

Mario Greco Becomes Chief Executive Officer at Zurich  
Read More

National General Holdings to Acquire Standard Mutual Insurance Company  
Read More

Berkshire Hathaway Specialty Insurance Unveils Executive First Portfolio for Private Companies  
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Maryland"  
Read More

View All Industry News
Form Analysis
Film Coverage Form


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

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
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

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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