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TODAY'S TOP DEVELOPMENTS Tuesday, April 19, 2016  

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.


Claims Resolution
Bank's Late Notice, and Resulting Actual Prejudice, Doomed Coverage, Fourth Circuit Holds
The U.S. Court of Appeals for the Fourth Circuit, affirming a decision by the U.S. District Court for the District of Maryland, has ruled that an insurance company was entitled to deny insurance coverage to a bank for a lawsuit against it where the bank's notice was untimely and caused actual prejudice to the insurer. Read More

Business Owners
"A Disco Is Not a Deli," Court Explains in Finding That Material Misrepresentation Voided Policy
The U.S. District Court for the District of Columbia has ruled that an insurance policy was void as a result of a material misrepresentation where the insured's application said that it was going to operate a delicatessen when in fact it operated a pool hall and nightclub, providing live entertainment and hosting private events where alcoholic beverages were sold. Read More

Commercial General Liability
One Exploded Firework and 19 Allegedly Wrongful Acts. But One Occurrence, Virginia Court Rules
The U.S. District Court for the Eastern District of Virginia, relying on the "cause approach" to defining occurrences for liability insurance purposes, has ruled that a lawsuit seeking damages for injuries allegedly suffered when a firework exploded unexpectedly alleged only one occurrence, not 19 occurrences based on each allegedly wrongful act that the lawsuit alleged led to the incident.  Read More

Homeowners Insurance
Kentucky Court Finds Replacement Cost, Not Fair Market Value, Was Correct Measure for "Estimated Value" of Property
A federal district court in Kentucky has ruled that replacement cost, not fair market value, was the appropriate way to determine the "estimated value" of a home that was destroyed by fire while it was undergoing construction but was, at the time of the fire, substantially complete. Read More

View All Case Law Developments

In the States

Three Appointed to Texas Surplus Lines Stamping Office Board of Directors
Texas Insurance Commissioner David Mattax has appointed three members to serve on the board of directors of the Surplus Lines Stamping Office for terms to expire December 31, 2018. Read More

In the States
$165 Million in Unclaimed Insurance Rebates Available in Louisiana
Individuals who pay property insurance in Louisiana may be entitled to more than $200 in insurance rebates dating back to 2012 – with more than $165 million in unclaimed rebates available in total. Read More

View All Legislative/Regulatory Developments
60 Minutes Criticizes Life Insurers' "Industry-Wide Practice of Not Paying Significant Numbers of Beneficiaries"  Read More

FC&S Legal Publishes "Fourth Circuit Holds That Data Breach Is Covered by Commercial General Liability Policy" 
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: North Carolina" 
Read More

SUNZ Insurance Hires Russell S. Whittle as General Counsel 
Read More

Unum to Acquire Louisiana-Based Starmount Life for $127 Million 
Read More

View All Industry News
Disposal of Garbage and Vandalism


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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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