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TODAY'S TOP DEVELOPMENTS Wednesday, May 27, 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.


Business Income
Applying “Closeness to the Risk” and “Total Policy Insuring Intent” Tests, Circuit Finds Only One of Two Insurers Liable for Fire Loss at Strip Mall
The U.S. Court of Appeals for the Eighth Circuit, affirming a Minnesota district court’s decision, has ruled that only one of two insurance companies that had issued policies to a strip mall owner was liable for the mall’s loss of income following a fire. Read More

Personal Umbrella

Ninth Circuit Rules that Brother Living in Trailer Was Not a Resident of Insured’s Household
The U.S. Court of Appeals for the Ninth Circuit, reversing a decision by the U.S. District Court for the Southern District of California, has decided that an umbrella insurance policy issued to Gordon Hammers did not cover damages arising out of a car accident with Ellery Chacksfield for which Gordon Hammers’ brother Robert Hammers had been found responsible because Robert Hammers was not a “resident of [Gordon Hammers’] household.” Read More

Professional Liability Insurance
“Hybrid” Legal Malpractice Counterclaim Seemingly Was Encompassed by Policy’s Capacity and Equity Interests Exclusions, N.Y. Appeals Court Rules
An appellate court in New York has affirmed a trial court’s decision denying a summary judgment motion brought by an insured law firm and lawyer, reasoning that a malpractice counterclaim against the lawyer was “of a hybrid nature” that the policy’s “Capacity Exclusion and Equity Interests Exclusion seem to encompass.” Read More

Homeowners Insurance
6th Circuit Affirms Dismissal of Insurer’s “Reverse Bad Faith” Claim under Kentucky Law
The U.S. Court of Appeals for the Sixth Circuit has ruled that the U.S. District Court for the Western District of Kentucky did not err when it dismissed a claim asserted by an insurance company against its insured for “reverse bad faith” because it had not been recognized in Kentucky. Read More

View All Case Law Developments

In the States

Missouri Insurance Regulators Put Florida-Based Lumbermen’s Underwriting Alliance into Rehabilitation
Lumbermen’s Underwriting Alliance, a Florida-based insurance company, has been placed into rehabilitation by the Circuit Court of Cole County, Missouri, and turned over to regulators at the Missouri Department of Insurance. Read More


N.Y. Senator Schumer Urges FEMA to Eliminate WYO Insurers
U.S. Senator Charles E. Schumer (D-N.Y.) has urged the Federal Emergency Management Agency to scrap the decades-old Write-Your-Own insurance model from the National Flood Insurance Program and move forward to overhaul the process entirely. Read More

View All Legislative/Regulatory Developments
Professional Liability Attorney Mitchell Milby Joins Wilson Elser’s Dallas Office Read More

Yie-Hsin Hung is New CEO of New York Life Investment Management 
Read More

Lloyd’s Japan and Sompo Japan Nippon Koa Insurance Launch New Warranty and Indemnity Facility for Japanese Corporates Read More

Travelers Business Risk Index Reveals Increased Concern about Cyber Threats 
Read More

FC&S Legal Editorial Advisory Board Member Richard Milone Joins Jones Day in Washington Read More

View All Industry News
Excess Coverage and Deductibles


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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

FC&S Legal: The Insurance Coverage Law Information Center

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