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TODAY'S TOP DEVELOPMENTS Friday, March 13, 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.


Total Pollution Exclusion Barred Coverage Even If Insured Did Not Disperse the Pollutant, Wisconsin Appeals Court Holds
An appellate court in Wisconsin, affirming a trial court's decision, has ruled that a total pollution exclusion applied to preclude coverage even if the insured did not cause the pollutant's dispersal. Read More

Automobile Insurance

Connecticut Supreme: State May Obtain Reimbursement from Medicaid Recipient for Medical Costs Recipient Recovered from Liable Third Party
The Connecticut Supreme Court, affirming an intermediate appellate court's decision, has ruled that Connecticut law authorized the Connecticut Department of Social Services or its designated assignee to obtain reimbursement from a Medicaid recipient for medical costs that the recipient recovered from a liable third party. Read More

Asbestos Exclusion from 1985 Policy Was Ambiguous and Did Not Bar Coverage for Claims in Underlying Asbestos-Related Suits, Pennsylvania District Court Rules
A federal district court in Pennsylvania has ruled that an asbestos exclusion — "arising out of asbestos" — was ambiguous and ineffective to preclude insurance coverage for the policyholder against claims made in underlying asbestos-related lawsuits. Read More

Commercial General Liability
"Your Work" Exclusions Did Not Bar Coverage for Claims that Construction Manager Damaged Other Contractors' Work, New York District Court Decides
A federal district court in New York has ruled that the "your work" exclusions in a commercial general liability insurance policy did not bar coverage of claims that the insured, while acting as a "construction manager," had damaged other contractors' work, although the court found that the underlying plaintiffs had a "heavy burden" to demonstrate the portion of the judgment that they had obtained against the insured that actually was covered by the policy. Read More

View All Case Law Developments

Eye on the Experts

Brokers Beware: Impact of the U.K. Insurance Bill
This Eye on the Experts article reviews some of the changes to English and Scottish insurance law under the U.K. Insurance Bill, and the new exposures that brokers will face as a result of their introduction Read More

Automobile Insurance

Georgia House Overwhelmingly Passes Bill to Regulate Uber, Lyft, and Other Transportation Network Companies
The Georgia House of Representatives has overwhelmingly passed H.B. 190, which would add insurance requirements for transportation network companies, including Uber and Lyft, to the state's insurance law. Read More

View All Legislative/Regulatory Developments
Professional Services Plans Launches Cyber Liability Insurance for Law Firms Read More

Insurance Company Defense Attorney Briana M. Montminy Joins Burr & Forman as a Partner 
Read More

XL Group's Excess and Surplus Insurance Business Expands Team to Launch New Product Line 
Read More

Anderson Kill Promotes Captive Insurance Attorney Patricio A. Suarez to Shareholder 
Read More

Goldberg Segalla Adds North Carolina Office, and Lawyers in Philadelphia and London Read More

View All Industry News
Permissive User as Insured under the PAP


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

View Entire March / April Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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
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, Rivkin Radler 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

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