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TODAY'S TOP DEVELOPMENTS Friday, February 13, 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.


Attorney's Fees
Insurer Must Pay Attorneys' Fees Payable by Insured in Underlying Litigation under Offer of Judgment Law Even Though Insurer Was Not a Party to that Suit, Florida Appeals Court Holds
An appellate court in Florida, affirming a trial court's decision, has ruled that an insurer was liable for attorneys' fees assessed against its insured in an underlying litigation under an offer of judgment law even though the insurer was not a party to that litigation and had not been served with the settlement proposal. Read More


Undefined Term "Vandalism" in Exclusion in All-Risks Policy Included "Arson," Florida Appeals Court Rules
A Florida appellate court, affirming a trial court's decision in favor of an insurance company, has ruled that the undefined term "vandalism" in an exclusion in an all-risks policy included the term "arson." Read More

Automobile Insurance
Motor Vehicle Financial Responsibility Law Did Not Negate Policy Exclusion, Missouri Supreme Court Decides
The Missouri Supreme Court, affirming a trial court’s decision, has ruled that the Motor Vehicle Financial Responsibility Law did not negate the “owned by not designated” exclusion in an automobile insurance policy. Read More

Commercial Lines
“Master Agreement” Between Kmart and Footwear Department Operator Limited Obligation of Operator’s Insurer to Indemnify Kmart, Seventh Circuit Holds
The U.S. Court of Appeals for the Seventh Circuit, reversing a trial court’s decision, has ruled that the insurance carrier for the operator of a footwear department at Kmart Corp. was not obligated to indemnify Kmart for a claim against it because the claim did not arise “pursuant to” or “under” the agreement between Kmart and the operator, which specifically precluded Footstar employees from working outside of the footwear department, where the alleged injury had occurred. Read More

View All Case Law Developments

Automobile Insurance

Senate Report Highlights Automobile Security and Privacy Vulnerabilities
New standards are needed to plug security and privacy gaps in cars and trucks, according to a report released by U.S. Senator Edward J. Markey. Read More


U.S. Insurance Regulators Call for Multi-State Examination of Anthem
Members of the National Association of Insurance Commissioners (“NAIC”) have called for a multi-state examination of Anthem, Inc., and its affiliates following the discovery of a cybersecurity breach at the health insurance company. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Litigator Robert K. Scott Joins Newmeyer & Dillion Read More

PartnerRe Appoints Greg Haft as Head of Catastrophe Read More

CFO Richard McKenney Named Unum Group President and Appointed to Its Board; Will Succeed Thomas Watjen as CEO 
Read More

ACE Launches New Transactional Risk Coverage to Facilitate M&A Deal Negotiations; Edward Markovich Appointed to Lead Initiative 
Read More

Berkshire Hathaway Specialty Insurance Expands U.S. Property Capabilities, Appoints Paul J. Kelley as Head of Energy and Technical Property Read More

View All Industry News
Allegations in the Complaint Are Focus of Judicial Analysis


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
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
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

FC&S Legal: The Insurance Coverage Law Information Center

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