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TODAY'S TOP DEVELOPMENTS Monday, February 23, 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.


Automobile Insurance
Overruling 40 Year Old Precedent, Texas Supreme Court Holds that Relevant Evidence of Use or Nonuse of Seatbelts is Admissible to Apportion Responsibility in Civil Suits
The Texas Supreme Court, overruling a 40 year old precedent, has decided that relevant evidence of use or nonuse of seat belts is admissible for the purpose of apportioning responsibility in civil lawsuits. Read More

Professional Liability Insurance

Cardiology Group's Physician Was Not Covered By Its Professional Liability Policy, Kentucky Appeals Court Rules
An appellate court in Kentucky, affirming a trial court's decision, has ruled that a professional liability insurance policy issued to a cardiology practice did not provide coverage for the allegedly negligent acts or omissions of one of its physicians where the physician was not listed on a schedule of insureds. Read More

When a Crop Sprayer and Motorcycle Collide, and How the South Dakota Supreme Court Found that There Was No Insurance Coverage
After an intersection collision between a crop sprayer and a motorcycle, the motorcyclists sought damages for their injuries through a policy insuring the owner of the crop sprayer. The South Dakota Supreme Court, reversing a trial court decision, has ruled that the insurer did not have a duty to defend and indemnify the driver of the crop sprayer, who had borrowed the crop sprayer from the owner. Read More

Homeowners Insurance
Water Exclusion Bars Coverage of Homeowners' Claim that Their Pool Lifted Out of the Ground, Florida Appeals Court Rules
An appellate court in Florida, reversing a trial court's decision, has ruled that a policy's "water exclusion" barred coverage of the claim by two homeowners that their swimming pool had lifted out of the ground during a storm. Read More

View All Case Law Developments

Insurance Fraud

Lawyer Arrested in Alleged Multi-Million Dollar World Trade Center Reconstruction Insurance Fraud
Darius X. Johnson, an attorney in Atlanta, has been arrested on a criminal complaint alleging wire fraud and money laundering in connection with his sale of phony insurance bonds for the construction of the World Trade Center PATH transportation hub. Read More

Mergers and Acquisitions

Regulators Approve RenaissanceRe's Acquisition of Platinum Underwriters
Regulators have granted all necessary approvals for RenaissanceRe Holdings Ltd. to move forward with its acquisition of Platinum Underwriters Holdings, Ltd. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad Faith Claim Against First-Party Insurer" Read More

American Insurance Association Names Jay F. Day Vice President for State Affairs Read More

NHTSA Studies Finds Drunk Driving Is Down, While Drug Use Behind the Wheel Is Up 
Read More

Everest National Insurance Names Jonathan Zaffino as President of U.S. Insurance Operations 
Read More

Insurance Coverage Litigator Laura McNally Joins Loeb & Loeb Read More

View All Industry News
Latent Defect Exception


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

View Entire January / February Insurance Coverage Law Report
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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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