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TODAY'S TOP DEVELOPMENTS Monday, March 31, 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.


Trial Strategy
When the "Duty to Defend" Analysis Should be Performed Again, and Again, and Again
After an insured is sued, both its insurance carrier and the insured itself may agree that the insurer has a duty to defend. An amended complaint, however, may change that conclusion—at least if someone thinks about it. A recent decision highlights the importance of recognizing the possibility that an initial coverage conclusion has been affected by something occurring in the underlying litigation, and the value of re-performing the "duty to defend" analysis. In this case, the noteworthy developments included the filing of an amended complaint and a decision on liability by the court in the underlying case. Read More

Commercial General Liability

Court Unseals Attorney's Whistleblower Complaint Against More Than 50 Insurers
Chief Judge William Skretny of the U.S. District Court for the Western District of New York has unsealed a qui tam complaint filed under the federal False Claims Act by Buffalo attorney J. Michael Hayes against more than 50 insurance companies and self-insured trucking companies after the U.S. Attorney for the Western District of New York, William J. Hochul, Jr., declined to intervene in the case. Read More

California Federal Court Denies Motion to Dismiss Force-Placed Flood Insurance Class Action Complaint
A U.S. magistrate judge in California has denied a motion to dismiss a force-placed flood insurance class action complaint against U.S. Bank, N.A., and American Security Insurance Company. Read More

Eye on the Experts
Court Protects Health Insurers' Proprietary and Secret Pricing Information
This Eye on the Experts column discusses a recent decision holding that the rates paid by government contractors and subcontractors for a Medicaid managed care program are not subject to public disclosure under the Pennsylvania Right-to-Know Law. Read More

View All Case Law Developments

Insurance Fraud

Texas Man Guilty in $5 Million Staged Accident Insurance Fraud Scheme
Leroy Nelson, of DeSoto, Texas, has pleaded guilty to his role in a $5 million staged accident fraud scheme. Read More

Alternative Risk and Captives

North Carolina Has Its First Captive Owned by a Public Company
The Pantry, Inc., based in Cary, North Carolina, has formed Cellarium Insurance Company, Inc., a pure captive insurance company licensed by the North Carolina Department of Insurance. Read More

View All Legislative/Regulatory Developments
Adelson, Testan, Brundo, Novell & Jimenez Establishes Office in Nashville and Appoints Samara Naime Fatone as Managing Partner  Read More

Insurance Litigator David L. Elkind Joins Orrick in Washington, D.C.  
Read More

RSA Announces £773 Million Rights Issue 
Read More

Catalina Holdings to Acquire SPARTA Insurance Holdings 
Read More

Pacific Life Announces Officer Promotions 
Read More

View All Industry News
Water Overflow Coverage In a Tenant's Policy


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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