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TODAY'S TOP DEVELOPMENTS Tuesday, May 20, 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.


Commercial General Liability
Claim of "Faulty Workmanship" Is Not Covered by CGL Policy as It Was Not "Fortuitous," New York Appeals Court Rules
An appellate court in New York has ruled that an action alleging faulty workmanship was not covered by a commercial general liability insurance policy because it did "not involve fortuity." Read More

Homeowners Insurance

Tribal Court Has Jurisdiction Over Bad Faith Claim Brought by Tribal Members with Home on Tribal Land
A federal district court in North Dakota has ruled that a tribal court had jurisdiction over a bad faith claim brought by members of the tribe against an insurance carrier that insured the home they owned on tribal land. Read More

Health Insurance
Alleging Illegal Insurance Practices, Former Blue Cross Blue Shield of North Dakota Medical Director Files Whistleblower Lawsuit
Dr. Kenneth Fischer, the former medical director of Blue Cross Blue Shield of North Dakota ("BCBS"), has filed a whistleblower lawsuit alleging that BCBS engaged in illegal insurance practices that hiked costs to millions of BCBS customers. Read More

Commercial General Liability
Eighth Circuit, Applying Missouri Law, Finds that TIAH Acrylic Concrete Sealer Was a Pollutant for Purposes of Absolute Pollution Exclusion
The U.S. Court of Appeals for the Eighth Circuit has ruled that TIAH, an acrylic concrete sealant, was an "irritant" and thus a "pollutant" for purposes of the absolute pollution exclusion in a commercial general liability insurance policy issued to a company that provided construction-cleanup services that included sealing concrete floors. Read More

View All Case Law Developments

In the States

New York Proposes Regulation to Govern Private Equity Acquisitions of Insurance Companies
The New York State Department of Financial Services is proposing a new regulation enshrining agreements it reached with several investment firms relating to their purchases of annuity companies. Read More


Tower Group International Receives Nasdaq Notice Regarding Listing Requirements
Tower Group International, Ltd., received a notification letter from The Nasdaq Listing Qualification Department on May 15, 2014 stating that because Tower has not yet filed its Form 10-Q for the period ended March 31, 2014 with the Securities and Exchange Commission, it was not in compliance with the continued listing requirements under Nasdaq Listing Rule 5250(c)(1). Read More

View All Legislative/Regulatory Developments
Cannabis Funding Enters Medical Marijuana Insurance Business Read More

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

Ascot Appoints David Fitzpatrick Executive Underwriter 
Read More

Aspen US Insurance Names Roxanne Mitchell Chief Casualty Officer 
Read More

United Insurance Holdings to Acquire Sunshine State Insurance Company, which Satisfies Consent Order Read More

View All Industry News
Q & A
Bank Added to Condo Association Policy As Loss Payee


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

View Entire June 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
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, Rivkin Radler 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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