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TODAY'S TOP DEVELOPMENTS Thursday, April 2, 2015

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
Indiana Appeals Court Affirms Its Original Opinion in Migrating Sand Case; Also Rules that Alleged Property Damage Had Not Been Expected or Intended and Exclusion Did Not Apply
An Indiana appellate court has granted an insurance company's motion for rehearing in a case in which it found that a commercial general liability insurance policy provided property damage coverage to the insured. It then reaffirmed its original opinion and also decided that the property damage had not been expected or intended by the insured and, therefore, was not subject to an exclusion under the policy. Read More

Professional Liability Insurance

Claim that Accountant Sold Investments to Client Deemed Outside Scope of His Malpractice Policy
A federal district court in Oregon has ruled that a claim that an accountant sold investments to his client that ultimately lost money was outside the scope of his professional liability insurance policy. Read More

Title Insurance
Seventh Circuit Finds that Exclusion 3(a) in Title Policy Precluded Coverage to Lender that Ceased Funding Project, Leading to Contractor's Liens
The U.S. Court of Appeals for the Seventh Circuit, affirming a district court's decision, has ruled that Exclusion 3(a) in a standard form title insurance policy precluded coverage where a lender ceased funding a real estate project, which led to the filing of numerous contractor's liens that had priority over the lender's security interest. Read More

Automobile Insurance
"Physicians" in PIP Law Means Medical Doctors and Other Licensed or Registered Health Care Professionals, Massachusetts Top Court Rules
The Supreme Judicial Court of Massachusetts has ruled that the term "physicians" in the provision of the Massachusetts personal injury protection ("PIP") law that provides that an injured person claiming PIP benefits "shall submit to physical examinations by physicians selected by the insurer as often as may be reasonably required" referred to medical doctors and to additional types of licensed or registered health care professionals. Read More

View All Case Law Developments

In the States

Maryland State Insurance Commissioner Sells His Insurance Agency
Maryland Insurance Commissioner Al Redmer, Jr., has sold his insurance agency due to his appointment to the commissioner position by Maryland Governor Larry Hogan. Read More

Insurance Fraud

Woman Who Hid Uncle's Death for 12 Years to Collect His Pension Is Sentenced to Prison
Graycelia Cizik has been sentenced to two to six years in a New York state prison following her guilty plea to a one-count indictment charging her with the crime of Grand Larceny in the Second Degree. Read More

View All Legislative/Regulatory Developments
State Farm Receives FAA Clearance to Test Damage-Assessing Drones Read More

Cécile Boyer and Ranald Munro Join SCOR as Counsel Read More

Kerry Porter Named Director of Claims at United States Aircraft Insurance Read More

Nathan Martin Joins OneBeacon Technology Insurance as Vice President 
Read More

RIMS Says Treasury Should Certify Terrorist Acts within 60 to 90 Days Read More

View All Industry News
Auto Equipment Loss


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View Entire March / 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, Rivkin Radler 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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