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TODAY'S TOP DEVELOPMENTS Tuesday, April 28, 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.


Employee Benefits
Insured’s Assertion in Bankruptcy that Her Claim against Her Insurer Was Worth $50,000 Dooms Multi-Million Dollar Bad Faith Claim She Later Filed, California Court Rules
A federal district court in California has ruled that an insured who asserted in her bankruptcy case that she had a $50,000 claim against her disability insurer was estopped from asserting, after her bankruptcy case, a multi-million bad faith claim against the insurer. Read More

Homeowners Insurance

Reservation of Rights Letters Sent to Adult Daughter’s Parents and Her Lawyer Were Insufficient to Disclaim Liability as to the Daughter, Pennsylvania Appeals Court Finds
An appellate court in Pennsylvania has ruled that an insurance company had not sufficiently disclaimed liability when it sent reservation of rights letters to an adult woman’s parents – and to the woman’s lawyer – but not to the woman herself. Read More

Commercial General Liability
Policy that Covered “Only” Business Conduct Did Not Cover Claim Arising from “Diaper Shootout” Party that Mixed Personal Acts and Business, Court Holds
A federal district court in Ohio has ruled that a garage liability policy did not cover a claim for damages allegedly suffered when a refrigerator was intentionally blown apart at a party at the insured’s property that mixed personal activities and business. Read More

Commercial Property
Protective Safeguard Endorsement Related Only to Fire Loss and Did Not Bar Claim for Water Damage, N.Y. Appeals Court Rules
An appellate court in New York has reversed a trial court’s decision denying an insured’s motion for summary judgment on the issue of liability – as well as a judgment upon a jury verdict in favor of the insurer that dismissed the insured’s complaint. Read More

View All Case Law Developments

Federal Actions

Senate Committee to Explore State of the Insurance Industry and Insurance Regulation
The U.S. Senate Committee on Banking, Housing, and Urban Affairs is conducting a hearing beginning at 10:00 a.m. on Tuesday, April 28, entitled, “The State of the Insurance Industry and Insurance Regulation.” Read More

Eye on the Experts

FC&S Legal Publishes “New York State Department of Financial Services Expands Its Cyber Focus to Insurers
This Eye on the Experts article discusses the New York State Department of Financial Services’ major expansion of its cybersecurity efforts to insurers. The Department will require insurers to respond to a special “comprehensive risk assessment” on cybersecurity, with those assessments to be followed by an enhanced focus on cybersecurity as part of DFS’s regular examinations of insurers. Read More

View All Legislative/Regulatory Developments
Insurance Partner Ellen Dunn Joins Sidley Austin’s Global Insurance Group Read More

Hinshaw & Culbertson Grows Insurance Practice with Addition of Eight Partners from Meckler Bulger Tilson 
Read More

Cozen O’Connor Boosts Insurance Practice with Merger with Meckler Bulger Tilson Read More

Goldman Sachs Asset Management to Acquire Pacific Global Advisors Solutions Business from Pacific Life Insurance Company 
Read More

Rupert Villers Retiring from Aspen Insurance; Ann Haugh Takes on Another Role Read More

View All Industry News
Form Analysis
Cameras Form


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

View Entire March / 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
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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