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TODAY'S TOP DEVELOPMENTS Thursday, May 21, 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.


Liability Policies
Rape Victim's Lawsuit Against Her Landlords Was Not Covered By Their Policies, Michigan Appeals Court Decides
An appellate court in Michigan, affirming a trial court's decision, has ruled that landlords were not entitled to coverage under their insurance policies for a lawsuit brought by a rape victim asserting claims for negligence, breach of the common law covenant of quiet enjoyment, and violation of the Michigan law requiring a landlord to maintain premises in a manner fit for use by the intended parties. Read More

Commercial Auto

Georgia Supreme: Insured May Recover UM Benefits Despite Partial Sovereign Immunity of Alleged Tortfeasor
The Georgia Supreme Court, in response to a question certified by the U.S. Court of Appeals for the Eleventh Circuit in litigation seeking declaratory relief regarding the rights of recovery of an insured under an uninsured-motorist insurance policy providing that the insurer would pay sums "the insured is legally entitled to recover as compensatory damages from the owner or driver of an uninsured motor vehicle," has ruled that the insured could recover underinsured motorist benefits despite the partial sovereign immunity of the alleged tortfeasor. Read More

Workers Compensation
California Appeals Court Upholds Law Prohibiting Temporary Services Employers and Leasing Employers from Self-Insuring Their Workers' Comp Liability
A California appeals court has upheld the California law that prohibits temporary services employers and leasing employers from self-insuring their workers' compensation liability even though other employers are permitted to self-insure. Read More

Seventh Circuit Affirms Decision in FDIC's Favor on Financial Institution Bond Issued to Failed Bank
The U.S. Court of Appeals for the Seventh Circuit, affirming a district court's decision, has ruled that the Federal Deposit Insurance Corporation, as receiver of a failed bank, could enforce a financial institution bond issued to the failed bank to cover losses allegedly arising from a forgery. Read More

View All Case Law Developments

In the States

Florida Insurance Regulators Ban "Price Optimization" in Premium Determinations
The Florida Office of Insurance Regulation has barred property and casualty insurance carriers authorized to do business in Florida from using "price optimization in any manner." Read More

Insurance Fraud

Former Insurance Broker Pleads Guilty in Nationwide Phony Trucking Cargo Insurance Fraud Scheme
John Paul Kill, the former operator of an insurance agency in Georgia, has pleaded guilty to a charge of insurance fraud. According to prosecutors, Mr. Kill collected over $3.7 million from nearly 800 trucking companies nationwide for fraudulent cargo insurance policies. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Georgia Supreme Court: Insured Cannot Sue for Settlement Amount or Bad Faith Absent Insurer's 'Consent to Settle'" Read More

IronPro Appoints Mark Reilly to Lead Mergers and Acquisitions Practice 
Read More

Selective Insurance Group Appoints New Officers Read More

Admiral Group CEO Henry Engelhardt Stepping Down Next Year 
Read More

Andrew N. Bourne Joins Hoguet Newman Regal & Kenney as a Partner Read More

View All Industry News
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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

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