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TODAY'S TOP DEVELOPMENTS Friday, March 14, 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
Non-Profit American Legion Post Was “In the Business of” Selling Alcohol, and Liquor Liability Exclusion Applied, Wisconsin Appeals Court Holds
An appellate court in Wisconsin, affirming a trial court’s decision, has ruled that a clause in a commercial general liability insurance policy that excluded coverage when the insured was “in the business of” selling or serving alcohol barred coverage of a claim against a non-profit American Legion Post that regularly sold liquor to generate significant revenues. Read More

Health Insurance

Prompt Pay Law Affords Claimants a Private Right of Action against Insurers, N.Y. Appeals Court Rules
An intermediate appellate court in New York has ruled that the state’s Prompt Pay Law affords claimants a private right of action against insurance carriers to recover payment for health care services based on a violation of the law. Read More

Commercial Property
It All Happened at the Zoo. Except Privity between Woman Allegedly Injured and the Zoo’s Insurance Carrier, Court Rules
A federal district court in Oklahoma has ruled that a woman allegedly injured at a zoo could not bring a lawsuit to recover her medical expenses against the zoo’s insurance carrier, finding that she lacked contractual privity or third-party beneficiary status. Read More

Homeowners Insurance
A Fistfight. A Knife. A Stabbing. A Criminal Trial. An Acquittal, Based on Self-Defense. But, No Coverage for Injured Person’s Claims
An Illinois appellate court has affirmed a trial court’s decision that a homeowner’s insurance carrier had no duty to defend or indemnify its insured in a lawsuit brought by a person who alleged that the insured had stabbed him with a knife in a fistfight, finding that the lawsuit failed to allege an “accident.” Read More

View All Case Law Developments

In the States

Fraud and Enforcement: The Situation in Ohio
Preventing insurance fraud and misconduct is an important goal of insurance departments across the country. Let’s take a look at highlights from one state: Ohio. Read More

Automobile Insurance

RelayRides Car-Sharing Service to Pay Penalty to New York for Insurance Law and Other Violations
The New York Department of Financial Services (“DFS”) has determined that the car-sharing service RelayRides put New Yorkers at risk through false advertising, unlicensed insurance activity, and other violations of law. RelayRides, a peer-to-peer car-sharing service that allows people to rent out their vehicles to third parties in exchange for a fee, will pay a $200,000 penalty to the DFS as a result of the investigation. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes Nelson Levine de Luca & Hamilton’s Bad Faith Compendium: Minnesota  Read More

Former Thompson Coe Partner Albert Betts to Lead Insurance Council of Texas 
Read More

Expiration of Terrorism Risk Insurance Act Could Hurt National Security, RAND Study Finds 
Read More

Therese M. Vaughan Selected as APIW’s 2014 Insurance Woman of the Year 
Read More

Insurers Resist Coverage for Cyber Claims, According to Marsh 
Read More

View All Industry News

Form Analysis
Business Income (And Extra Expense) Coverage Form


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

View Entire March Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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