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TODAY'S TOP DEVELOPMENTS Thursday, March 27, 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.


Carbon Monoxide Is a "Pollutant," Excluding Coverage for Losses from Church's Malfunctioning Heating System, Eighth Circuit Decides
The U.S. Court of Appeals for the Eighth Circuit, affirming a district court's decision, has ruled that coverage for injuries suffered due to exposure to carbon monoxide released by a malfunctioning heating system in a church was barred by pollution exclusions in multi-peril and umbrella insurance policies issued to the church. Read More

Homeowners Insurance

"Lack of Capacity" Clause Bars Coverage of Claims against Mentally Ill Man Who Shot and Killed His Estranged Wife
An appellate court in Georgia, affirming a trial court's decision, has ruled that the "lack of capacity" clause in a homeowner's insurance policy barred coverage of wrongful death claims brought against a mentally incompetent man who shot and killed his estranged wife. Read More

Environmental Liability
Texas Supreme Court Rules that Policy Limited Insurer to Contractual Remedies against Insured
The Texas Supreme Court has ruled that an insurance carrier could not proceed in equity against its insured to recover payments it had made under the policy, given that several clauses in the policy addressed the insured's alleged conduct. Read More

Eye on the Experts
Bad Faith Compendium: Missouri
Insurance bad faith law is like a quilt, a patchwork that varies from square to square – in this instance, common law decisions, statutes and codes that differ widely from state to state. Insurer conduct that is benign in one jurisdiction may rise to the level of bad faith conduct in another. The 11th installment of the compendium reviews bad faith law in Missouri. Read More

View All Case Law Developments

Alternative Risk and Captives

Arizona Captive Moves to Texas and Becomes Its First Licensed Captive
Texas has licensed its first captive insurance company – attracting an existing captive from Arizona. Read More

In the States

233,868 Policyholders Receiving Refunds in Louisiana
Checks for $40 each have been issued to 233,868 Louisiana Citizens Property Insurance Corporation policyholders reflecting a refund of their application fees. Read More

View All Legislative/Regulatory Developments
LexisNexis Finds One in Four U.K. Consumers Prepared to Commit Application Fraud for Cheaper Car Insurance Read More

Insurance Recovery Litigator Paul L. Langer Joins Quarles & Brady's Chicago Office 
Read More

Insurance Merger and Acquisition Activity on the Rise, According to Towers Watson Survey 
Read More

Lloyd's Publishes New Report "Autonomous Vehicles, Handing Over Control: Opportunities and Risks for Insurance" 
Read More

Peter Skerlj Promoted to Chief Risk Officer of Hamilton Re 
Read More

View All Industry News
Form Analysis
Installation Coverage Form


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

View Entire April Insurance Coverage Law Report
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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, 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

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