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TODAY'S TOP DEVELOPMENTS Friday, April 4, 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

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

Life Insurance
Doctor Who Signed Property Agreement with Estranged Wife Could Not Change Beneficiary on Life Insurance Policy Days Before His Suicide
A federal district court in Pennsylvania has ruled that the estranged wife of a doctor who committed suicide was entitled to the proceeds of a life insurance policy on his life, notwithstanding his attempt to remove her as beneficiary, where the couple previously had reached a marital settlement agreement that allocated the policy to her. Read More

Criminal Acts Exclusion Bars Coverage for Decontamination of "Meth" House, Kentucky Appeals Court Rules
An insurance policy's criminal acts exclusion barred coverage of costs the insured would have to incur to clean-up a house contaminated by the tenant's manufacturing of methamphetamine, a Kentucky appeals court has decided. Read More

View All Case Law Developments

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

Federal Actions

NHTSA Announces Final Rule Requiring Rear Visibility Technology
The U.S. Department of Transportation's National Highway Traffic Safety Administration has issued a final rule requiring rear visibility technology in all new vehicles under 10,000 pounds by May 2018. The NHTSA said that the new rule would enhance the safety of these vehicles by "significantly reducing the risk of fatalities and serious injuries caused by backover accidents." 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

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

Adelson, Testan, Brundo, Novell & Jimenez Establishes Office in Nashville and Appoints Samara Naime Fatone as Managing Partner 
Read More

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

Marsh Report Says Interest in Cyber Insurance is Growing 
Read More

View All Industry News
Condominium Commercial Unit-Owners 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

FC&S Legal: The Insurance Coverage Law Information Center

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