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TODAY'S TOP DEVELOPMENTS Wednesday, May 28, 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
Rejecting Insurer's Argument, Illinois Supreme Court Decides that Federal District Court's Erie Decision Does Not Establish a Conflict Between States' Laws
The Illinois Supreme Court has ruled that a prediction under Erie R.R. Co. v. Tompkins by a federal district court sitting in another state that the supreme court of that state would resolve a legal issue in a way that was at odds with Illinois law did not, in itself, establish an actual conflict between the two states' laws for purposes of requiring a choice-of-law analysis. Read More

Personal Watercraft

11th Circuit Decides that Insureds Met "Light Burden" of Demonstrating Fortuitous Loss under All-Risk Marine Policy
The U.S. Court of Appeals for the Eleventh Circuit, reversing a federal district court's decision, has ruled that the owners of a yacht had met the "light burden" under their all-risk marine insurance policy of establishing an accidental or fortuitous loss to their starboard engine. Read More

Commercial Property
Court Rejects Coverage under All-Risk Property Policy Where Partial Collapse of Building Was Not Caused "Only" by Weight of Contents and Equipment
A federal district court in Oregon, ruling in favor of an insurance carrier, has decided that an "all risk" property insurance policy did not cover a partial collapse of a building where the collapse was not directly and immediately caused "only" by the weight of contents and equipment in the building as required by the policy. Read More

Automobile Insurance
Insurer May Reduce Amount of UM/UIM Benefits by Amount of MedPay Benefits Already Paid If Insured's UM/UIM Coverage is Not Impaired
In a case of first impression in Colorado, a state appellate court has ruled that an insurer may reduce the amount of uninsured/underinsured motorist benefits due its insured by the amount of medical payment benefits it already had paid the insured if the insured's UM/UIM coverage was not impaired by such a reduction. Read More

View All Case Law Developments

Automobile Insurance

Now, Kansas Insurance Department Warns about Insurance Liability of Ridesharing Services
Kansas Commissioner of Insurance Sandy Praeger has warned consumers to check with their insurance agents and companies regarding coverage concerns with ride-sharing or person-to-person transportation services in the Kansas City area. Read More

In the States

Tower Group International Filing Cites Restrictive Regulatory Action by Massachusetts and Tower's Retention of Financial Adviser
Tower Group International, Ltd., has filed a Form 8-K stating that, on May 20, 2014, the Massachusetts Department of Insurance entered an amended order of administrative supervision with respect to Tower National Insurance Company and Massachusetts Homeland Insurance Company. Read More

View All Legislative/Regulatory Developments
Heritage Insurance Holdings Has Announced Pricing of Its Initial Public Offering Read More

Are E-Cigarette Users Smokers? 9 in 10 Life Insurance Underwriters Say Yes, Finds Munich Re Survey 
Read More

Penn Mutual Life Now Offering A Guaranteed Choice Whole Life Product 
Read More

ProSight Specialty Insurance Adds Three New Energy Insurance Segments: Solar, Propane and Fuel, and Oil and Gas 
Read More

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

View All Industry News
Boiler and Machinery/Equipment Breakdown Insurance


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

View Entire June Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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

FC&S Legal: The Insurance Coverage Law Information Center

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