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TODAY'S TOP DEVELOPMENTS Tuesday, April 1, 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.


Commercial General Liability
What's In a Name? That Which Was Called the Insured by Another Name Found Entitled to Coverage, for Mutual Mistake
An Illinois appellate court has ruled that a company was entitled to coverage as an additional insured under a commercial general liability insurance policy where a mutual mistake had resulted in a different corporation being named in the policy. Read More

Environmental Liability

New York's Top Court Rejects Claim that Personal Injuries Were Caused by Indoor Exposure to Mold
New York's highest court, the Court of Appeals, has rejected the claim of a resident in a New York City apartment building that her alleged personal injuries were caused by indoor exposure to dampness and mold. The court found that the plaintiff had not established that the relevant scientific community generally accepted that mold caused the adverse health effects complained of by the plaintiff. Read More

Homeowners Insurance
5th Circuit: Where CAFA Supplied Federal Subject Matter Jurisdiction Over Coverage Class Action, It Continued to Provide Jurisdiction Over Individual Coverage Cases Later Severed from the Class
In coverage cases having roots in Hurricane Katrina and Hurricane Rita, the U.S. Court of Appeals for the Fifth Circuit, reversing district courts' decisions, has ruled that the federal Class Action Fairness Act continued to provide jurisdiction over individual coverage cases notwithstanding their severance from the class. Read More

Trial Strategy
Why Can DJ Actions Co-Exist with Underlying Litigation? Here's Why
When an insured is sued and the insured's insurance carrier provides a defense, subject to a reservation of rights, the insurer may begin a declaratory judgment action seeking a coverage determination. If you ever have wondered what that is about, a decision by a federal district court in Illinois is quite illuminating. Read More

View All Case Law Developments

Workers Compensation

New York Grand Jury Recommends Significant Changes to Prevent Workers' Compensation Insurance Fraud
A grand jury in New York has issued a report examining what Manhattan District Attorney Cyrus R. Vance, Jr., said was the vulnerability of New York's workers' compensation insurance system to fraud and misuse. Read More

In the States

National Association of Insurance Commissioners Releases Annual Report, "State-Based Insurance Regulation: The System at Work"
The National Association of Insurance Commissioners has released its 2013 Annual Report, "State-Based Insurance Regulation: The System at Work.". Read More

View All Legislative/Regulatory Developments
Insurance Attorneys Vincent J. Vitkowsky and Charles W. Fortune Join Seiger Gfeller Laurie LLP as Partners  Read More

FC&S Legal Publishes Nelson Levine De Luca & Hamilton's Bad Faith Compendium: New Jersey 
Read More

Wayne Daniel Appointed Head of U.S. Pensions at MetLife 
Read More

Keith Kennerly Joins HLR America 
Read More

India Network Announces an Insurance Plan to Cover Accidents While Traveling to the United States, Canada, and Mexico 
Read More

View All Industry News
Effect of Insureds' Declarations or Statements


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

View Entire 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, 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

FC&S Legal: The Insurance Coverage Law Information Center

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