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TODAY'S TOP DEVELOPMENTS Monday, April 7, 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 Property
Have You Ever Seen The Rain? Iowa Appeals Court Has, and Rules that Rainwater in a Drain Pipe that Burst Was Not Rain
What is the meaning of “rain”? An Iowa appellate court had to answer that question in an insurance coverage dispute between Amish Connection, Inc., and its insurance carrier, State Farm Fire & Casualty Company. Read More

Professional Liability Insurance

Former Energy Department Executive Loses Bid for Coverage of Legal Expenses Stemming from Solyndra Investigation
A federal district court in the District of Columbia has ruled that the former executive director of the Loan Programs Office of the U.S. Department of Energy was not entitled to coverage for his legal expenses in connection with government investigations of a loan guarantee to Solyndra, LLC, because he was no longer a government employee. Read More

Homeowners Insurance
Mold Caused by Leak that Had Been Occurring “Over a Period of Time” Is Not Covered, Court Rules
A federal district court in New Jersey has ruled that a homeowner’s insurance carrier was not obligated to honor a claim for damage to an insured home due to a water leak and resulting mold where the leak had been occurring “over a period of time.” Read More

Attorney’s Fees
Prevailing Insurer’s Failure to Comply with Oklahoma Statute Dooms Its Bid for Attorney’s Fees
A federal district court in Oklahoma has ruled that a prevailing insurance company was not entitled to attorney’s fees under an Oklahoma law where it had not complied with all of the statute’s requirements. Read More

View All Case Law Developments

Life Insurance

13 Charged and, Now, 13 Guilty in $1.25 Billion Viatical and Life Settlement Fraud
Now, all 13 who had been charged in what prosecutors have characterized as a $1 billion scheme to defraud 30,000 investors in Mutual Benefits Corporation stand convicted. Read More

Automobile Insurance

National Insurance Crime Bureau Finds that Florida’s No-Fault Reform is “Trending in the Right Direction”
The National Insurance Crime Bureau has released a new report revealing a decline in Florida’s personal injury protection questionable claims. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “Ongoing or Completed Operations? Fifth Circuit Finds No Duty to Defend Contractor under Additional Insured Endorsement” Read More

ACE Appoints David Charlton as Division President of Property & Casualty and Micro-Business for ACE Commercial Risk Services 
Read More

Capital Insurance Group CEO Peter Cazzolla to Retire 
Read More

Allstate Closes Sale of Lincoln Benefit Life 
Read More

Hudson Insurance Group Acquires Motor Transport Underwriters 
Read More

View All Industry News
Q & A
Primary Coverage versus Excess Coverage


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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