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TODAY'S TOP DEVELOPMENTS Wednesday, February 26, 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.


Commercial General Liability
Policy Exclusions Bar Coverage for "Unsolicited Fax" Claims under Telephone Consumer Protection Act, Court Decides
A federal district court in Oklahoma has ruled that exclusions in commercial general liability insurance and umbrella policies excluded coverage for claims against the insured for sending unsolicited fax advertisements in violation of the federal Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practice Act, and for common law conversion. Read More

Commercial General Liability

"Knowing Violation" Exclusions Bar Coverage for Claim that Insureds Willfully Violated FACTA, Court Rules
A federal district court in Georgia has ruled that insurance companies that had issued commercial general liability insurance policies and excess CGL insurance policies to rental car companies were not obligated to defend the insureds against a lawsuit claiming that they had willfully violated the Fair and Accurate Credit Transactions Act amendment to the federal Fair Credit Reporting Act. Read More

Professional Liability Insurance
Fourth Circuit Rejects Insurer's Contention that Two Policy Exclusions Barred Coverage of Maryland Attorney General's "Equity-Stripping" Complaint against Title Company
The U.S. Court of Appeals for the Fourth Circuit, reversing a district court's decision, has decided that two policy exclusions in a professional liability insurance policy issued to a title company did not bar coverage for a complaint brought by the Maryland Attorney General against the title company alleging its participation in an "equity-stripping scheme" that defrauded homeowners on the brink of foreclosure. Read More

Automobile Insurance
Mississippi Supreme Court Finds that Named-Driver Exclusion Violates State's "Absolute Requirement" for Liability Insurance Up To the Statutory Minimum
The Mississippi Supreme Court has ruled that an insurance company could not deny an injured passenger's personal injury claim against the driver where its policy excluded any coverage for the person who was driving and who also was the tortfeasor, ruling that the policy provision violated the minimum liability coverage mandated by state law. Read More

View All Case Law Developments


As House Moves to Vote on Flood Insurance Bill, Groups Warn of Risks and Advocate Alternatives
Is the House of Representatives about to "roll back vital reforms" to the National Flood Insurance Program and on the verge of voting to "gut" the Biggert-Waters Act? Or is its expected vote on flood insurance legislation an effort to correct unintended consequences of the Act? Read More


West Virginia Senate Passes Bill Authorizing Insurers to Offer Flood Insurance
The West Virginia Senate has passed a bill that would authorize insurance carriers to offer flood insurance in West Virginia. Read More

View All Legislative/Regulatory Developments
WellPoint Dismisses General Counsel John Cannon  Read More

Swiss Re to Acquire Majority Stake in Confianza  
Read More

Insurance Information Institute Publishes 2014 Edition of "A Firm Foundation: How Insurance Supports the Economy"  
Read More

Ironshore Names James Bishop to Lead Its New Yacht Insurance Business  
Read More

Allstate Elects Siddharth N. (Bobby) Mehta to Its Board of Directors  
Read More

View All Industry News

Business Income Information - Introductory History and Development


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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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