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TODAY'S TOP DEVELOPMENTS Friday, April 24, 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.


Professional Liability Insurance
"Application Exclusion" Barred Coverage by Professional Liability Policy of Undisclosed Claims that Arose Out of Ponzi Scheme, California Appeals Court Decides
An appellate court in California, affirming a trial court's decision, has ruled that an exclusion in an application for a professional liability insurance policy issued to a securities firm barred coverage of three undisclosed claims against the firm based on real estate investments the firm's broker-dealers had recommended that arose out of the same Ponzi scheme as a claim that the firm had disclosed in its application. Read More

Automobile Insurance

Law Firm Partner "Thinking About Work" While Driving to the Office Was Not Working for Purposes of Firm's Business Auto Policy, Virginia Supreme Court Holds
The Virginia Supreme Court, affirming a trial court's decision, has ruled that a law firm's business auto policy did not cover a partner's use of his vehicle while commuting to work from home, even where the partner claimed to have been "thinking about work" during the commute. Read More

Trial Strategy
How the "Rule of Unanimity" Can Doom an Insurer's Efforts to Block Remand of a Declaratory Judgment Action to State Court
Insurance company defendants in a declaratory judgment action filed in a state court often seek to remove the action to federal court. The removal rules are relatively straightforward, but a recent decision by a federal district court in New York highlights how one requirement — the "rule of unanimity" — can lead a federal court to remand the action back to state co. Read More

Employment Practices Liability
Insurance Coverage Claims Deemed "Non-Core" to Insurance Brokerage's Bankruptcy Case
A federal bankruptcy court in New Jersey has ruled, in an insurance brokerage's bankruptcy case, that certain counts in an adversary proceeding brought against the debtors' insurance carriers were "non-core" and, therefore, not within the bankruptcy court's power to hear them. Read More

View All Case Law Developments

Superstorm Sandys

Question About Payment of Insureds' Attorneys' Fees Upends FEMA-Brokered Superstorm Sandy Settlements
A dispute over whether homeowners litigating Superstorm Sandy claims also may recover their attorneys' fees, or whether those fees must be paid from their insurance payments, has upended the tentative settlement of those actions that had been brokered by the Federal Emergency Management Agency. Read More

Workers Compensation

Subcontractors of True Religion Brand Jeans Allegedly Conspired with CPA in Multi-Million Dollar Workers Comp Insurance Fraud
Sung Hyun Kim and her sister Caroline Choi, chief executive officers of California-based sewing companies that were subcontracted by True Religion Brand Jeans, have been arrested along with their certified public accountant, Jae Kim, and charged with 18 felony counts of workers compensation insurance fraud allegedly totaling more than $11 million in losses. Read More

View All Legislative/Regulatory Developments
P&C Insurance Market Is Buyer-Friendly but Evolving Threats Pose Risk Management Challenges for Many Organizations, Willis Reports Read More

Progressive Insurance Survey Finds Nearly 80 Percent of Consumers Think Pricing Auto Insurance on Actual Driving is a Fairer Approach 
Read More

Peter Maloney Joins Insurance Practice of Hinshaw & Culbertson in New York Read More

Insurance and Reinsurance Attorney Barry Leigh Weissman Joins Carlton Fields in Los Angeles 
Read More

Insurance Attorney Huhnsik Chung Joins Baker & McKenzie Read More

View All Industry News
Air Conditioning Units Not Equipment Used for Making Alterations


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

FC&S Legal: The Insurance Coverage Law Information Center

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