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TODAY'S TOP DEVELOPMENTS Monday, April 6, 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.


Employee Benefits
"Active Work" in Law Firm's Group Long Term Disability Plan Was Ambiguous, Court Rules
In Cheney v. Standard Ins. Co., No. 13 C 4269 (N.D. Ill. Aug. 28, 2014), the U.S. District Court for the Northern District of Illinois decided that Carole Cheney, an attorney at Kirkland & Ellis LLP who eventually became a non-share partner specializing in appellate and commercial litigation, was entitled to receive disability benefits under a group long term disability plan offered through Kirkland & Ellis by Standard Insurance Company. Now, the court has issued a decision on the calculation of Ms. Cheney's pre-disability earnings. Read More

Environmental Liability

Escape of Natural Gas from Damaged Pipe Was a "Pollution Condition," Wisconsin Supreme Court Holds
The Wisconsin Supreme Court, reversing a decision by an intermediate appellate court, has ruled that a natural gas leak was a "pollution condition" under a contractors' pollution liability insurance policy and that a natural gas-fueled explosion and fire caused the bodily injury and property damage alleged in lawsuits against the insured. Read More

Commercial General Liability
Total Pollution Exclusion Did Not Preclude Coverage of Claim for Injuries Allegedly Caused by Smoke from a Fire, Michigan Appeals Court Rules
An appellate court in Michigan, affirming a trial court's decision, has ruled that the total pollution exclusion in a landlord's commercial general liability insurance policy did not preclude coverage for alleged injuries that occurred following a fire in the apartment complex where the underlying plaintiffs resided. Read More

Commercial General Liability
Fourth Circuit: Insurer Must Defend Pharmaceutical Distributor Against State Complaint Stemming from Prescription Drug Abuse Epidemic
The U.S. Court of Appeals for the Fourth Circuit, affirming a district court's decision, has ruled that the insurance company that issued a commercial general liability insurance policy to a South Carolina wholesale pharmaceutical distributor must defend its insured against a lawsuit brought by the state of West Virginia asserting that the insured had "substantially contributed" to the state's prescription drug abuse epidemic by failing to maintain sufficient controls that would flag suspicious orders as required by West Virginia law. Read More

View All Case Law Developments

Health Insurance

Another Health Insurer Settles with New York Over Mental Health Parity Laws
Rochester, New York-based Excellus Health Plan has reached an agreement with New York State that requires the health insurer to cover residential treatment for behavioral health conditions and reform its procedures for evaluating behavioral health treatment claims. Read More

In the States

Florida Office of Insurance Regulation Eliminates Last Hurricane Assessment
The Florida Office of Insurance Regulation has eliminated, early, the last of a series of emergency assessments on property insurance policyholders in Florida used to pay off claims from the eight hurricanes of 2004-2005. Read More

View All Legislative/Regulatory Developments
Horsepower and High Tech: The Costliest Cars to Insure Are... Read More

ACE Introduces Broader Coverage to Protect Against Operational Environmental Risks 
Read More

FC&S Legal Publishes "Supreme Court of New Jersey Confirms 'Fairly Debatable' Standard for First Party Bad Faith; Acknowledges Relevance of Actual Investigation"  Read More

Retiree Medical Program Alternatives Gaining Steam 
Read More

Penn Mutual Life Appoints Jessica Choi as Assistant Vice President of Talent Acquisition and Diversity Read More

View All Industry News
The Start of Ride-sharing Insurance


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

View Entire March / 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, 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

FC&S Legal: The Insurance Coverage Law Information Center

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