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TODAY'S TOP DEVELOPMENTS Monday, March 24, 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.


Automobile Insurance
Grandson's Violation of Operator Exclusion Form Relieved Insurer of Duty to Indemnify Grandparents for Optional Bodily Injury Coverage of $500,000, Appeals Court Rules
An appellate court in Massachusetts, affirming a trial court's decision, has ruled that an insurance carrier was relieved of its obligation to indemnify its insureds for optional bodily injury coverage of $500,000 where their grandson had violated the provisions of an operator exclusion form by driving his grandparents' vehicle. Read More


Where Wear and Tear Led an Air Conditioning Hose to Break, which Led to the Sinking of the 'Blue Side Up,' Policy's Exclusion Barred Coverage, Circuit Holds
The U.S. Court of Appeals for the Eleventh Circuit, affirming a district court's decision, has ruled that an insurance policy excluded coverage for a boat that sank after an air conditioning hose fractured due to normal wear and tear. Read More

For Want of an Inch, a Home's Lower Level Is Deemed a Basement
A federal district court in Massachusetts has upheld an insurance company's decision denying coverage under a Standard Flood Insurance Policy to damage a home's lower level suffered in a flood, finding that it was a basement where it was less than an inch below an adjoining concrete pool apron. Read More

Homeowners Insurance
Plaintiffs Asserting Damages from Neighbor's Leaking Underground Storage Tank Could Not Sue Neighbor's Insurers for Bad Faith, Appeals Court Holds
An appellate court in New Jersey, affirming a trial court's decision, has ruled that homeowners who asserted that they had been damaged by a neighbor's leaking underground storage tank could not bring a bad faith action against the neighbor's insurance carriers. Read More

View All Case Law Developments

In the States

Insurance Complaints Topped Consumer Concerns in Massachusetts in 2013
Insurance-related questions and complaints were the top reason consumers contacted the Massachusetts Office of Consumer Affairs and Business Regulation in 2013. Read More


U.S.-Based NAIC and FSA of Japan Form Alliance
The National Association of Insurance Commissioners has joined the Financial Services Agency of Japan to launch a new bilateral dialogue between insurance supervisors from the U.S. and Japan. Read More

View All Legislative/Regulatory Developments
Clements Worldwide Partners with American Institute of Chemical Engineers to Deliver International Term Life Insurance Read More

Ironshore Names Christopher Brown as Practice Leader of the Financial Institutions Sector 
Read More

ING Announces Size of Planned Sale of Shares in ING U.S. 
Read More

Chris White Appointed Underwriting Manager of Barbican's Energy Division 
Read More

Rick Faucher Named to Board of North American Pet Health Insurance Association 
Read More

View All Industry News

Form Analysis
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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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