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TODAY'S TOP DEVELOPMENTS Monday, February 10, 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.


Directors & Officers
Law Firm Entitled to Defense for Clients' Lawsuit Stemming from Firm's Advertising, Notwithstanding Policy's "Legal Services Exclusion"
A federal district court in Rhode Island has ruled that lawyers sued by clients who alleged a count for deceptive advertising were entitled to be defended by their insurer under a directors and officers liability insurance policy that excluded claims "related to the rendering of, or failure to render, professional services." Read More

Directors & Officers

Trial Strategy: How Can an Insurer Plead Diversity in a Coverage Action Where It Cannot Reasonably Ascertain Facts Supporting Jurisdiction?
It typically is a rather straightforward matter when an insurance company pleads diversity jurisdiction under 28 U.S.C. § 1332. In some instances, however, the question of a defendant's citizenship can be complicated – or even unknown. A recent decision by the U.S. Court of Appeals for the Ninth Circuit suggests how an insurer can plead diversity when it cannot reasonably ascertain the facts supporting jurisdiction. Read More

Commercial General Liability
Circuit Court Affirms Order Reforming Policy to Include Law Enforcement Exclusion that Insurer Inadvertently Had Omitted
The U.S. Court of Appeals for the Eighth Circuit has affirmed a district court decision reforming a commercial insurance policy to include an exclusion that the insurance company had inadvertently omitted. Read More

Commercial Property
Insured's Kentucky Suit against Insurance Agency Is Dismissed Based on Texas' Statute of Limitations
A federal district court in Kentucky, applying Kentucky's borrowing statute to determine that Texas law had to be applied, has dismissed an insured's negligence action against an insurance agency on statute of limitations grounds. Read More

View All Case Law Developments


South Korea Temporarily Bans Insurers from Marketing by Phone, Text Messages, or Email
The Financial Services Commission of South Korea, reacting to a privacy breach in the country involving about 100 million credit card accounts, has banned insurance companies and other financial services institutions from selling their products by phone, text message, or e-mail until the end of March. Read More

Federal Actions

JPMorgan Chase to Pay $614 Million for Submitting False Claims for FHA-Insured and VA-Guaranteed Mortgage Loans
JPMorgan Chase will pay $614 million for violating the federal False Claims Act by knowingly originating and underwriting non-compliant mortgage loans submitted for insurance coverage and guarantees by the Department of Housing and Urban Development's Federal Housing Administration and the Department of Veterans Affairs. Read More

View All Legislative/Regulatory Developments
Second Part of "Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz" Is Published in FC&S Legal's Flagship Publication, Insurance Coverage Law Report  Read More

Garfunkel Wild Promotes Debra A. Silverman to Partner/Director of the Firm  
Read More

Randall and Quilter Strengthens U.S. Captive Operations  
Read More

Ironshore Appoints James Dover to Head Underwriting in North America  
Read More

ACE Appoints Stuart Elliot as Terrorism Political Violence Underwriter for International Markets  
Read More

View All Industry News

Guaranteed Replacement Cost and Repair or Replacement


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View Entire February 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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