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TODAY'S TOP DEVELOPMENTS Tuesday, April 29, 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.


Professional Liability Insurance
Insurer Must Defend Claims that Radiologists Injected Tainted Drug Purchased from New England Compounding Pharmacy, Court Rules
A federal district court in West Virginia has ruled that a medical professional liability insurance company was obligated to defend two radiologists and their employer against claims that they had injected patients with an allegedly tainted drug purchased from New England Compounding Pharmacy, Inc.  Read More


New Jersey Federal District Court Adopts Superstorm Sandy Litigation Plan
Nearly 1,000 Superstorm Sandy-related cases have been filed in federal district court in New Jersey against flood insurance carriers, and Chief Judge Jerome B. Simandle said that he expected that the "final number could be as many as 2,000." Read More

Commercial General Liability
Court Awards Prevailing Insured Attorney's Fees Incurred in DJ Action, Citing Maine's Exception to the "American Rule"
After finding that an insured was entitled to a defense from its commercial general liability insurance carriers in lawsuits alleging that it had provided seeds contaminated with molds and fungi, a federal district court in Maine awarded the insured its attorney's fees, relying on an exception under Maine law to the "American Rule." Read More

Title Insurance
$1 Million Punitive Damages Award against Title Insurer is Reduced by Wisconsin Supreme Court to $210,000
The Wisconsin Supreme Court has ruled that a punitive damages award against a title insurance company for bad faith in the amount of $1 million was excessive and deprived the insurer of its right to due process. It then reduced the punitive damages award to $210,000. Read More

View All Case Law Developments

Claims Resolution

3,000 People Are Owed Class Action Settlement Proceeds from Louisiana Citizens Insurance
Roughly 3,000 individuals who participated in a class action lawsuit against the Louisiana Citizens Property Insurance Corporation and never claimed their settlement proceeds will find that their money is now "unclaimed property," according to Louisiana State Treasurer John Kennedy. Read More

Automobile Insurance

Citing Insurance Concerns, Arizona Governor Vetoes Transportation Network Companies Bill
Arizona Governor Jan Brewer has vetoed House Bill 2262, saying that it would have permitted transportation network companies ("TNCs") to operate in Arizona "without the fundamental safeguards necessary to protect passengers, TNC drivers and the public." Read More

View All Legislative/Regulatory Developments
AIG Expands Cyber Coverage to Include Physical Risks Posed by Cyber Attacks and Security Failures Read More

Gregory Oberland Named President of Northwestern Mutual 
Read More

Clifford Easton Joins Endurance as Global Head of Its New Energy Insurance Team 
Read More

FC&S Legal Publishes Nelson Levine De Luca & Hamilton's Bad Faith Compendium: Oklahoma 
Read More

Move to Defined Contribution Benefits Model Creates Opportunity for Voluntary Benefits, Prudential Study Finds 
Read More

View All Industry News
Commercial Inland Marine Coverage and Tree Removal


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

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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

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