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TODAY'S TOP DEVELOPMENTS Thursday, April 24, 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.


Automobile Insurance
Dog Bite from Uninsured Parked Vehicle Did Not "Arise Out of" Its Use, Appeals Court Rules
An appellate court in Missouri has ruled that a woman who claimed that she was bitten by a dog in a parked pick-up truck was not entitled to uninsured motorist benefits from her own insurance carrier because the alleged incident did not "arise out of the use" of an uninsured vehicle. Read More

Commercial General Liability

In TCPA Coverage Case, Eleventh Circuit Finds that Policy Exclusion for Violations of "Any Statute" Was Not Void or Against Public Policy
The U.S. Court of Appeals for the Eleventh Circuit, in an insurance coverage case involving claims under the federal Telephone Consumer Protection Act, has ruled that an exclusion in a commercial general liability insurance policy that excluded coverage for sending material that violated "any statute" was neither void nor against public policy. Read More

Homeowners Insurance
An Affair to Remember: When Husband Allegedly Pushed the Shoulder of Wife's Former Paramour and He Fell, Was It a Covered Occurrence?
An appellate court in Ohio, reversing a trial court's decision granting summary judgment in favor of an insurance carrier, has ruled that there was a genuine issue of fact as to whether a husband's alleged act of intentionally pushing the shoulder of his wife's former paramour, which led him to fall, was a covered occurrence under the husband's homeowner's insurance policy. Read More

Eye on the Experts
Bad Faith Compendium: Ohio
Insurance bad faith law is like a quilt, a patchwork that varies from square to square – in this instance, common law decisions, statutes and codes that differ widely from state to state. Insurer conduct that is benign in one jurisdiction may rise to the level of bad faith conduct in another. The 15th installment of the compendium reviews bad faith law in Ohio. Read More

View All Case Law Developments

Alternative Risk and Captives

Richmond Fed Magazine Focuses on Captives in the Insurance Industry
The cover story in the current issue of the Federal Reserve Bank of Richmond's publication, Econ Focus, explores captive insurance companies and the questions some critics are raising about them, including whether they make insurance companies "look healthier than they really are." Read More


Superstorm Sandy's Impact on Small Businesses Quantified in New York Fed Poll
The Federal Reserve Bank of New York has released information about small businesses impacted by Superstorm Sandy. Of the 950 firms located in FEMA-declared disaster areas in New Jersey, New York City, the Hudson Valley, and coastal counties in Connecticut included in the study, 40 percent reported being financially affected by the storm. Read More

View All Legislative/Regulatory Developments
Brandeis University Report Recommends Insurers Use Prescription Monitoring Data to Reduce Opioid Abuse, Deaths Read More

WCRI Study Finds Costs Per Claim for Hospital Outpatient Care Key Driver of Medical Care Costs for Injured Workers in Louisiana 
Read More

Beazley Enhances Data Breach Response Services 
Read More

New Marsh Report Finds Need for TRIPRA Reauthorization 
Read More

IHC Group Announces Pet Insurance Affiliation with Pets Best 
Read More

View All Industry News
Coverage for Newly Acquired Trailer


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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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