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TODAY'S TOP DEVELOPMENTS Thursday, February 20, 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.


Professional Liability Insurance
New York's Top Court Vacates K2 Investment Ruling
New York's highest court, the New York Court of Appeals, has vacated its decision in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., which held that American Guarantee & Liability Insurance Company's breach of its duty to defend barred it from relying on policy exclusions, and now has agreed with American Guarantee that it erred in K2-I by failing to take account of a controlling precedent, Servidone Const. Corp. v Security Ins. Co. of HartfordRead More

Commercial General Liability

Despite Some "Contradictory and Confusing Language," Insurer's Letters Sufficiently Disclaimed Coverage, New York's Top Court Decides
New York's highest court, the New York Court of Appeals, has ruled that two letters an insurer sent to its insured were sufficient to effectively disclaim coverage for assault and battery claims against the insured, although the letters contained some contradictory and confusing language. Read More

Commercial Auto
New York's Highest Court Finds Insurer's Disclaimer in Noncooperation Case Was Timely, Reversing Ruling In Favor of Underlying Plaintiffs
New York's highest court, the New York Court of Appeals, has reversed a decision by an intermediate appellate court against an insurance company, ruling that the insurer's disclaimer for noncooperation had been timely. Read More

Life Insurance
Capitalized Interest in Respect of Loans under Terminated "Whole Life" Policy Is Taxable, Tax Court Rules
The U.S. Tax Court has ruled that capitalized interest in respect of policy loans was part of the amount received by the owner of a "whole life" insurance policy upon termination of the policy. The tax court also upheld the accuracy-related penalty assessed against the taxpayers in this case under Internal Revenue Code Section 6662(a) and (d). Read More

View All Case Law Developments

In the States

Legislators Across the Country Are Proposing Bills to Fight Insurance Fraud
A number of legislators from states across the country are proposing bills that they believe would cut down on insurance fraud. Read More

In the States

E-Commerce Legislation Advancing in Arizona, South Dakota, and Wyoming
Legislators in three states are in the process of approving legislation that will affect how insurers provide documents to their policyholders. Read More

View All Legislative/Regulatory Developments
"Liability Claims Costs Too High? The Control of Insurance and Litigation Cost" Is Published in FC&S Legal's Flagship Publication, the Insurance Coverage Law Report  Read More

Hank Greenberg's Starr Investment Holdings Leads $4.4 Billion Acquisition of MultiPlan  
Read More

FC&S Legal Publishes Nelson Levine de Luca & Hamilton's Bad Faith Compendium: Georgia  
Read More

AIA'S Western Region Vice President Marjorie Berte to Retire  
Read More

Hamilton Insurance Group Hires Conan Ward to Head U.S. Operations  
Read More

View All Industry News

Form Analysis
Electronic Data Processing (EDP) Coverage


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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