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TODAY'S TOP DEVELOPMENTS Wednesday, March 18, 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.


Professional Liability Insurance
"Legal Representative of Investors" Exclusion Dooms Coverage for Client's Claim that Lawyer Advised Him on Loans to His Firm and Another Client
The Missouri Supreme Court, affirming a trial court's decision, has ruled that the "legal representative of investors" exclusionary clause in a malpractice insurance policy precluded coverage of a client's claim that the lawyer had advised him on six loans the client made to the lawyer's firm and to another client that were never repaid. Read More

Commercial General Liability

Appellate Court Rejects Buckminster Fuller's Estate's Contention that Intellectual Property Exclusion in CGL Insurance Policy Did Not Bar Coverage of "Buckyball" Infringement Action
A California appellate court, affirming a trial court's decision, has ruled that an intellectual property exclusion in a commercial general liability insurance policy precluded coverage of claims asserted in an infringement action brought by the estate of Buckminster Fuller against a company that allegedly had manufactured and distributed several products under the "Buckyball" and related trademarks without the estate's permission or payment to the estate. Read More

Workers Compensation
Employee Engaged in Transportation and Maritime Employment Could Not Recover Benefits Under Mississippi's Workers' Comp Law, Court Holds
A Mississippi court has ruled that an employee who allegedly was injured while working in transportation and maritime employment could not recover benefits under Mississippi's workers' compensation law, even if his alleged injury had not occurred over the navigable waters of the United States. Read More

Business Owners
Dishonesty Exclusion Barred Coverage of Claim Alleging that Part-Time Employee Facilitated Theft by Others When She Was Not Working
An appellate court in New Jersey, affirming a trial court's decision, has ruled that a dishonesty exclusion in a businessowners' insurance policy issued to a pharmacy precluded coverage of its claim that a part-time employee had facilitated a theft of merchandise committed by others on her day off. Read More

View All Case Law Developments

Health Insurance

EmblemHealth Agrees to Boost Coverage for Preventive Services
EmblemHealth, Inc., has reached an agreement with New York State officials that requires Emblem to cover anesthesiology services provided in connection with an in-network preventive colonoscopy, without any cost-sharing by the member. Emblem also has issued refunds to hundreds of Emblem members who paid a copayment, coinsurance, or deductible for such anesthesiology services. Read More

In the States

Three Named to Ohio Insurance Department Posts
Three members of the Ohio Department of Insurance leadership team have been promoted. Read More

View All Legislative/Regulatory Developments
IronPro Enhances Kidnap and Ransom Coverage for U.S.-Based Corporate Entities Read More

Poor Road Conditions Have Cost Insurers and Consumers $27 Billion Over Five Years, Survey Finds 
Read More

Retirement Savings Levels Have Continued to Worsen, National Institute on Retirement Security Report Finds 
Read More

Panda Mortality and Transit Insurance is Launched by Epic 
Read More

FC&S Legal Publishes "Brokers Beware: Impact of the U.K. Insurance Bill" Read More

View All Industry News
Pollution Exclusion and Dust Damage


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

FC&S Legal: The Insurance Coverage Law Information Center

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