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TODAY'S TOP DEVELOPMENTS Wednesday, March 22, 2017  

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.


Automobile Insurance
Missouri Supreme Court Rejects Insureds' Contention That Policy Declarations Made UIM Provision Ambiguous
The Supreme Court of Missouri has rejected the argument that an auto insurance policy was ambiguous as a whole because the declarations and other portions of the policy promised underinsured motorist ("UIM") coverage up to $100,000 but that the definition of "underinsured motor vehicle" restricted when UIM coverage applied and set-off provisions ensured that the insurer would never be obligated to pay up to $100,000 in UIM coverage. Read More

Commercial General Liability
Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules
A federal district court in Oregon has ruled that carbon monoxide was a "pollutant" as defined in a commercial general liability insurance policy such that the policy's pollution exclusion served to exclude coverage for claims arising from alleged carbon monoxide poisoning. Read More

Commercial General Liability
Alabama District Court Rules That Insurer Did Not Have to Defend Insureds Against Complaint Alleging They Had Knowingly Discriminated on Basis of Race
A federal district court in Alabama has ruled that an insurance company had no duty to defend its insureds against allegations that they had knowingly implemented a scheme that was purposefully designed to discriminate on the basis of race. Read More

Title Insurance
Possibility That Easement Claim Could Be Brought in Future Was Insufficient to Trigger Coverage Under Title Insurance Policy, Maine's Top Court Rules
The Supreme Judicial Court of Maine has ruled that the mere possibility that a claim for an easement could be brought in the future was insufficient to trigger coverage under a title insurance policy. Read More

View All Case Law Developments

Insurance Fraud

Albany Insurance Broker in $1 Million Securities Fraud Is Sentenced to Prison
Lawrence D. Rosenbaum, an insurance broker in Albany, New York, has been sentenced for multiple crimes in connection with a sweeping indictment charging him with fraudulently soliciting over $1 million from numerous investors in a securities fraud scheme between 2006 and 2012. Read More

In the States
5 Peeks at the Long-Term Care Insurer Failure Business
State regulators are wondering how well they can handle long-term care insurers that go broke. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "The Applicability (Inapplicability) of New York's Disclaimer Statute, Continued"  Read More

Insurance Sector Deal Making Shifting into High Gear, KPMG Survey Finds  
Read More

New York Life Promotes George Nichols to Executive Vice President  
Read More

XL Catlin Announces Global Risk Management Regional Leadership Promotion  
Read More

Mark T. Conklin Named Divisional President of Great American Insurance Group  
Read More

View All Industry News
Form Analysis
Home-sharing Exclusion


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

View Entire Winter 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, Cope Ehlers, 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

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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