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TODAY'S TOP DEVELOPMENTS Thursday, March 3, 2016

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.


Pollution Exclusion Precluded Coverage of Claims by Hotel Guests Harmed by Carbon Monoxide from Parking Garage Under Their Room
The U.S. District Court for the Middle District of Florida, applying Texas law, has ruled that a pollution exclusion in an umbrella insurance policy precluded coverage for claims that hotel guests had been injured by carbon monoxide that seeped into their room from a parking garage under their room. Read More

Workers Compensation
Minnesota Supreme: Employer Program Was Not Voluntary When Employees Had to Attend or Use Vacation Time to Get Paid
The Minnesota Supreme Court has ruled that an employer-sponsored recreational program was not “voluntary” when it took place during work hours and employees either had to attend the event or use vacation time to get paid. It also ruled that individual activities that took place during a voluntary activity at the recreational program did not constitute separate “programs.” Read More

Verdicts & Settlements
Plaintiff Who Claimed Undetected Stroke Led to Second Stroke Is Awarded $11 Million
A New York jury has awarded over $11 million to a plaintiff who claimed that a radiologist’s failure to diagnose his first stroke led to a second stroke. Read More

Assault and Battery Exclusion Precluded Coverage for Shooting, Even for Claims Based in Negligence, N.Y. Federal Court Holds
A federal district court in New York has ruled that an assault and battery exclusion in an insurance policy issued to a bar precluded coverage for claims arising from a shooting that killed a patron, even where the claims against the bar and landlord were brought as negligence claims. Read More

View All Case Law Developments

Workers Compensation

Continental Indemnity Fined for Overcharging Vermont Small Businesses
Continental Indemnity Company, a subsidiary of Applied Underwriters Inc., has paid Vermont $335,000 and owes 16 Vermont businesses an additional $352,000 to resolve allegations that it overcharged small businesses in Vermont.  Read More

Homeowners Insurance
California Insurance Commissioner Reaches Agreement with Allstate to Reduce Homeowner Insurance Rates
California Insurance Commissioner Dave Jones has reached an agreement with Allstate Insurance Company and Allstate Indemnity Insurance to reduce Allstate’s homeowner insurance rates statewide by an average of 12.6 percent. Read More

View All Legislative/Regulatory Developments
Virginia Tech Transportation Institute Finds Drivers Increase Crash Risk Tenfold When Emotionally Upset and More Than Double Crash Risk When Distracted Read More

Allen Bradley to Retire as Executive Chairman of AMERISAFE  
Read More

Great American Insurance Group’s Executive Liability Division Expands, Opening Atlanta and Denver Regional Offices 
Read More

Mary A. Griffin Named President and CEO of Life Insurance Council of New York  
Read More

Nearly 14 Percent of Deals Covered by M&A Insurance Resulted in a Claim, AIG Finds  
Read More

View All Industry News
Form Analysis
Self-Storage Facilities Coverage Form


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.
Richard 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

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