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TODAY'S TOP DEVELOPMENTS Wednesday, February 5, 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
Rage, Rage Against the Dying of the Light. But Road Rage: No Coverage
A Washington appeals court, affirming a trial court's decision, has decided that a case alleging road rage did not allege an "accident" as required for coverage under either a homeowner's insurance policy or an auto insurance policy. Read More

Homeowners Insurance

Insured's Failure to Note Past Judgments in Her Insurance Application Leads Court to Uphold Insurer's Rescission of Her Policy
A federal district court, applying Kentucky law, has ruled that an insured's misrepresentation on her application about whether she had court judgments against her within the five years before she submitted her application was sufficient for the insurer to rescind her policy, and deny her claim for fire damage to her home. Read More

Commercial Auto
Forklift Is a Motor Vehicle for Purposes of Louisiana's Uninsured Motorist Benefit Law, Fifth Circuit Holds
The U.S. Court of Appeals for the Fifth Circuit, reversing a district court's decision, has ruled that a forklift was a motor vehicle for purposes of Louisiana's uninsured motorist benefits law. Read More

Eye on the Experts
Bad Faith Compendium: District of Columbia
Insurance bad faith law is like a quilt, a patchwork that varies from square to square – in this instance, common law decisions, statutes and codes that differ widely from state to state. Insurer conduct that is benign in one jurisdiction may rise to the level of bad faith conduct in another. In this compendium, the authors review more than a dozen states where bad faith issues most often arise and provide a synopsis of pre-litigation claims-handling standards, first- and third-party claim issues, insurance company defenses, procedural and discovery issues, and the scope of damages. In this fourth installment of the compendium, the authors review bad faith law in the District of Columbia. Read More

View All Case Law Developments

In the States

National Conference of Insurance Legislators Forms Task Force on International Insurance Issues
The National Conference of Insurance Legislators has formed a special task force, the International Issues Task Force, to work in conjunction with its International Insurance Issues Committee. Read More

Automobile Insurance

Transportation Department Moves Forward with Vehicle-to-Vehicle Communication Technology for Light Vehicles 
The U.S. Department of Transportation's National Highway Traffic Safety Administration has announced that it will begin taking steps to enable vehicle-to-vehicle communication technology for light vehicles. Read More

View All Legislative/Regulatory Developments
Jason R. Bushby Becomes Partner at Bradley Arant Boult Cummings  Read More

XL Group Promotes Two in North America Property Business  
Read More

Great American Insurance Introduces Enhanced Professional Liability Coverage for Human and Social Service Organizations  
Read More

BlackRock Releases Its Annual Insurance Industry Outlook  
Read More

Berkshire Hathaway Specialty Insurance Introduces New Directors & Officers Liability Policy  
Read More

View All Industry News

Multiple Mortgages


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

View Entire February Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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