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TODAY'S TOP DEVELOPMENTS Tuesday, June 3, 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
Absolute Pollution and Indoor Air Quality Exclusions Found Ambiguous by Nevada Supreme Court
The Supreme Court of Nevada, in response to questions certified by the U.S. Court of Appeals for the Ninth Circuit, has ruled that the absolute pollution exclusion and the indoor air quality exclusion in a motel's insurance policy were ambiguous and has decided that they did not exclude coverage of claims arising from carbon monoxide exposure. Read More

Automobile Insurance

How a 40 Year Old Insurance Payment Helped Determine Who Now Owns a Classic Car
An appellate court in California, affirming a trial court's decision, has decided that an insurance payment made more than 40 years ago to the owner of a car that reportedly had been stolen was key to determining the ownership of the car when it allegedly surfaced decades later. Read More

Life Insurance
Circuit Court Rejects Beneficiary's Claim against Insurer Based on Its "Death Master File" Settlement with Several States
The U.S. Court of Appeals for the First Circuit, affirming a district court's decision, has ruled that a beneficiary of a life insurance policy could not assert a claim against the life insurance company based on a settlement that the insurer had reached with several states over its handling of life insurance proceeds that had not been claimed by beneficiaries. Read More

Homeowners Insurance
Policy Language Protected Insureds' Refusal to Attend EUO When Criminal Prosecution Was Pending
An appellate court in Michigan has reversed a trial court's decision in favor of an insurance company for the failure of the insureds to appear for an examination under oath based on specific language in their homeowners insurance policy. Read More

View All Case Law Developments

Automobile Insurance

Christie Administration Issues Alert on Car-Sharing Services
New Jersey Department of Banking and Insurance Commissioner Ken Kobylowski has issued an alert to consumers with respect to what he characterized as the "potential loss of insurance coverage" in connection with popular business activities known as car-sharing or transportation network companies provided by online firms such as Lyft, SideCar, and UberX. Read More

Workers Compensation

Vernon Steiner Becomes New President and CEO of California State Compensation Insurance Fund
The board of directors of the California State Compensation Insurance Fund has appointed Vernon Steiner as president and chief executive officer. Read More

View All Legislative/Regulatory Developments
New York Life Elects Carla Rutigliano as Senior Vice President and Chief of Staff to Chairman and CEO Mathas Read More

Anurag Chandra Becomes CEO of Prosperity Life Insurance 
Read More

NHTSA Study Shows Motor Vehicle Crashes Have $871 Billion Economic and Societal Impact on U.S. Citizens 
Read More

MassMutual Appoints David Acselrod Vice President of Underwriting Operations 
Read More

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

View All Industry News
Insurability of Punitive Damages


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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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