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TODAY'S TOP DEVELOPMENTS Thursday, February 5, 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.


Trial Strategy
How Obtaining a Coverage Ruling Can Affect a Bad Faith Case Even If the Ruling is Later Overturned
A trial court's ruling on coverage, even where later reversed, can be relevant to the issue of whether an insurer acted reasonably in disputing coverage – and, in fact, might be dispositive of that issue. Read More

Crime and Employee Dishonesty

Bank Employee's Alleged Improper Release of Liens Did Not Involve a "Loan" Subject to Fidelity Bond's Stringent "with Regards to Loans" Standard, Appeals Court Declares
An intermediate appellate court in New York has ruled that allegations that a bank employee improperly released liens on individual condominium units without receiving appropriate payment were not subject to a fidelity bond's stringent "with regards to Loans" standard because the allegedly improper release of the liens did not fall within the fidelity bond"s definition of "loan." Read More

Employer Liability
Workers' Comp Exclusion in Workers Comp and Employer Liability Policy Barred Coverage of Florida Employee's Estate's Tort Judgment, 11th Circuit Affirms
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a Florida district court's decision that a workers' compensation exclusion in the employer liability portion of a "Workers Compensation and Employers Liability Insurance Policy" barred coverage of the employee's estate's tort judgment against the employer. Read More

Eye on the Experts
New York High Court Finds Lead Exposure Injuries to Children of Different Families a Single Loss for Coverage Purposes
This Eye on the Experts article discusses a recent New York Court of Appeals decision ruling that lead paint exposure injuries suffered by the children of two different families occupying the same apartment in successive periods constituted a single "accidental loss" subject to a single per-occurrence limit pursuant to the non-cumulation clause in two successive policies issued by a landlord's insurer. Read More

View All Case Law Developments

Health Insurance

Iowa Insurance Commissioner Seeks to Liquidate CoOportunity Health
The court appointed rehabilitator for Iowa's CoOportunity Health, Iowa Insurance Commissioner Nick Gerhart, said that he has determined that rehabilitation of CoOportunity Health is not possible and he is asking the court for an order of liquidation. Read More

In the States

Christina Urias Named International Insurance Regulatory Affairs Managing Director at NAIC
The National Association of Insurance Commissioners has hired Christina Urias to the newly created position of International Insurance Regulatory Affairs Managing Director. Read More

View All Legislative/Regulatory Developments
Insurers Launch Micro Insurance Consortium to Serve Risk Management Needs of Underserved in Developing Markets Read More

Insurance and Reinsurance Attorney Marc L. Abrams Joins Mintz Levin 
Read More

ACE Group Promotes James Langdon to Global Head of Upstream Energy 
Read More

XL Group Introduces New Excess Executive Liability Form 
Read More

Christopher M. Lewis Promoted to Executive Vice President at IFG Companies Read More

View All Industry News
Water from Broken Pipe Moves through Soil before Causing Damage


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

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