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TODAY'S TOP DEVELOPMENTS Friday, April 17, 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
Vermont Supreme: Pollution Exclusion Excluded Coverage for Claim that Exposure to Airborne Chemicals and Residues from Spray-Foam Insulation Led to Bodily Injury
The Vermont Supreme Court, reversing a trial court’s decision, has ruled that a pollution exclusion in a commercial general liability insurance policy excluded coverage for a lawsuit against the insured contractor in which the plaintiff asserted that she had been exposed to airborne chemicals and airborne residues from spray-foam insulation applied by the contractor and that she had suffered bodily injury as a result. Read More

Professional Liability Insurance

“Deficient Email” Notice of Potential Claims Dooms Lawyer’s Bid for Coverage of Malpractice Claims
An Illinois appellate court, affirming a trial court’s decision, has ruled that a professional liability insurance carrier was not obligated to defend a law firm and lawyer against two malpractice actions where the insureds had provided only “deficient email” notice of the claims while the policy was in effect. Read More

Apartment Lease Permitted Landlord’s Insurer’s Subrogation Action against Tenants, Minnesota Appeals Court Rules
An appellate court in Minnesota, reversing a trial court’s decision, has ruled that a landlord’s insurer could bring a subrogation action against tenants whose negligence allegedly led to a fire that damaged their apartment where the apartment lease indicated that the tenants would be liable for property loss they caused that was paid for by the insurer. Read More

Workers Compensation
“Internet Marketplace” Operator that Connected Moving Companies with Those Needing to Move Was Not Worker’s Statutory Employer, South Carolina Court Rules
A South Carolina court has ruled that eMove, which operates an internet marketplace where individuals or businesses renting moving trucks can search for and hire local moving companies to assist with loading and/or unloading rental trucks, was not the statutory employer of a worker injured while working. Read More

View All Case Law Developments

In the States

NAIC Releases Annual Report
The National Association of Insurance Commissioners has released its 2014 annual report, “State-Based Insurance Regulation: Protecting the Future.” The NAIC said that its report uses the “protecting the future” theme to illustrate how regulators work together to ensure the success and security of state-based regulation. Read More

Insurance Fraud

Seven Arrested Following Two-Year PIP Fraud Investigation
Seven residents of Tampa, Florida, have been arrested following a two-year investigation by the Florida Department of Financial Services’ Division of Insurance Fraud into allegations of personal injury protection fraud allegedly involving Integrated Healing Clinic in Tampa. Read More

View All Legislative/Regulatory Developments
Munich Re America: Big U.S. Winter Storms – Comparably Lower Insured Loss Estimates; Record Heat and Drought Continue in the West Read More

Historic Reinsurance Cycle under Extreme Strain and ILS Funds Are Not Immune from Challenges, Willis Re Reports 
Read More

FAA Approves AIG and USAA Requests for Drone Use Read More

Malpractice Insurer’s Study Reveals Why Emergency Medicine Physicians Are Sued 
Read More

FC&S Legal Publishes “Supreme Court of Texas Marries Contractual Limitations to Insurance Policies” Read More

View All Industry News
Form Analysis
Kidnap, Ransom, and Extortion Policy


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

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
Cort T. Malone, Anderson Kill, P.C.

Richard 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
Thomas F. Segalla, Goldberg Segalla
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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