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TODAY'S TOP DEVELOPMENTS Wednesday, March 5, 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 Property
Bailee's Theft Claim Was a First-Party Property Claim, Fifth Circuit Holds
The U.S. Court of Appeals for the Fifth Circuit has ruled that a bailee's claim that property it was transporting had been stolen was a first-party property claim, thus subject to the Texas Anti-Technicality Statute and the Texas Prompt Payment of Claims law. Read More

Automobile Insurance

Classic Car Insurance Policies that Barred Stacking Did Not Provide Illusory Coverage, Third Circuit Affirms
The U.S. Court of Appeals for the Third Circuit has affirmed a district court’s decision dismissing a putative class action complaint that alleged that classic car insurance sold by Foremost Insurance Company provided illusory coverage because it did not permit stacking. Read More

Automobile Insurance
Finding Fact Questions as to Owner of Motorcycle Involved in Accident, Appeals Court Reverses Summary Judgment for Insurer
A Wisconsin appellate court has reversed a trial court's decision granting summary judgment in favor of an insurer, finding questions of fact as to the owner of a motorcycle involved in an accident and, therefore, questions as to whether the insurer's policy had provided coverage. Read More

Eye on the Experts
Let Me Be Direct: "Direct" Is Not An Ambiguous Term
Policies for large commercial risks often extend business interruption protection by including Contingent Business Interruption ("CBI") coverage, which protects an insured from the financial impact of covered losses to its suppliers and customers. Although many policies typically limit coverage to "direct" suppliers or "direct" contributing properties, there is little case law interpreting the term "direct" in the context of a CBI provision. This article discusses a recent Fourth Circuit Court of Appeals case that concluded that the term "direct" is not ambiguous as it relates to determining who is a "direct" contributing property to the insured. Read More

View All Case Law Developments

Life Insurance

Florida Office of Insurance Regulation Reports on Freedom to Travel Law
In 2006, the Florida legislature enacted the Freedom to Travel Law. The law defines as an "unfair trade practice" the practice of limiting the life insurance coverage available to a person based on lawful foreign travel in the past. It also prohibits discrimination based on future lawful travel plans unless the insurer demonstrates that the persons who travel are in a higher risk, actuarially supportable class. Read More

Health Insurance

Georgia Senate Passes Bill Mandating Autism Insurance Coverage
The Georgia Senate has passed Senate Bill 397, relating to insurance coverage for autism. Read More

View All Legislative/Regulatory Developments
Lawyer Analyzes New York Court of Appeals' New K2 Decision  Read More

Patrick Haveron Appointed President of Maiden Insurance Company 
Read More

IronPro Enters Fidelity and Crime Insurance Market  
Read More

Homeowner Satisfaction with Property Claims Improves for the Second Consecutive Year, J.D. Power Reports 
Read More

Denise M. Morrison Named to MetLife's Board of Directors 
Read More

View All Industry News

Form Analysis
Personal Auto Policy – Part C


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

View Entire March Insurance Coverage Law Report
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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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