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TODAY'S TOP DEVELOPMENTS Thursday, May 22, 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.


Life Insurance
In Franki Valli Divorce, California's Top Court Says Life Policy Purchased with Community Property Funds Remained Community Property Even Though Wife Was Named Owner and Beneficiary
In a divorce case between Franki Valli and his wife Randy Valli, the California Supreme Court has ruled that a life insurance policy Mr. Valli purchased using community property funds, which named Ms. Valli as the policy's only owner and beneficiary, was community property and not Ms. Valli's separate property upon dissolution of their marriage. Read More

Life Insurance

Life Insurance Requirement in Divorce Decree Was Terminable Upon Ex-Wife's Remarriage, Georgia Appeals Court Holds
An appellate court in Georgia, reversing a trial court's decision, has ruled that an ex-husband's obligation pursuant to a divorce decree to maintain life insurance on his life for a dozen years for the benefit of his ex-wife was terminable upon his ex-wife's remarriage because it was "periodic alimony" and not a division of property. Read More

Homeowners Insurance
Appeals Court Finds Coverage for Mortgagee under Policy with a "Standard Mortgage Clause" Even Where Mortgagor Apparently Had Vacated the Property
A Texas appeals court, reversing a trial court's decision, has ruled that a standard mortgage clause in a residential insurance policy provided coverage to a mortgagee for a fire loss to the insured property even though the policy also contained a vacancy clause and the mortgagor apparently had left the property vacant, without the mortgagee's knowledge. Read More

Commercial General Liability
Indoor Air Exclusion Bars Coverage of Claim that Carbon Monoxide Leaked from Hotel's Indoor Swimming Pool Heater, Oklahoma District Court Decides
A federal district court in Oklahoma has ruled that an indoor air exclusion barred coverage of claims against a hotel alleging bodily injuries resulting from carbon monoxide that escaped from a leaking indoor swimming pool heater. Read More

View All Case Law Developments

Automobile Insurance

Colorado Poised to Become the First State to Legislate Rules for Ridesharing Services
Colorado Governor John Hickenlooper is expected to sign legislation regulating ridesharing services such as uberX and Lyft. Read More

Health Insurance

Former Wellcare CEO Sentenced to Prison for Health Care Fraud
Former WellCare Chief Executive Officer Todd S. Farha has been sentenced in the Middle District of Florida to serve 36 months in prison for defrauding the Florida Medicaid program. Read More

View All Legislative/Regulatory Developments
Lloyd's Now Able to Write Surplus Lines in All U.S. States Read More

Dog Bites Cost Insurers $483 Million in 2013 
Read More

Michael Winner Joins Grange Insurance as President of Commercial Lines 
Read More

Berkshire Hathaway Specialty Insurance Enters Travel Insurance Business 
Read More

Lewis Johs Avallone Aviles Hires Two New Insurance Coverage Associates 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
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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