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TODAY'S TOP DEVELOPMENTS Wednesday, June 3, 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.


Fire Insurance
Wife's Secrets Were Not Intended to Defraud Insurer, Court Rules
A federal district court in Michigan has ruled that material misrepresentations a woman made during her insurance company's investigation into the cause of a fire at her house — intended by the woman to keep information from her husband — were not intended to defraud the insurer and, as a result, could not serve as the basis for its denial of her claim. Read More

Fire Insurance

Policy Was Not Voided Where Insured Recreated Leases After Fire Damaged Her Three Family Home, Connecticut Appeals Court Decides
An appellate court in Connecticut has affirmed a trial court's decision that an insured made a misrepresentation when she provided newly recreated versions of leases following a fire at the three-family home she owned without disclosing that the leases were recreations, but that the misrepresentation was not sufficient to allow the insurer to void the policy. Read More

Commercial Umbrella
Finding Employer's Liability Exclusion to Be Ambiguous, Pennsylvania Supreme Court Rules that It Applied Only to Named Insured Being Sued
The Pennsylvania Supreme Court has ruled that an employer's liability exclusion in an umbrella commercial liability insurance policy was ambiguous and that it pertained only to claims asserted by employees of "the insured" against whom an underlying negligence claim was directed. 
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

View All Case Law Developments

Superstorm Sandy

Face of FEMA Flood Insurance Reform after Superstorm Sandy, Brad Kieserman, Is Leaving
Brad Kieserman, who recently was appointed the Deputy Associate Administrator for Federal Insurance at the Federal Emergency Management Agency, and who has been the face of flood insurance reform at the agency since complaints about the resolution of Superstorm Sandy claims began to multiply, is resigning to take an executive position at the Red Cross. Read More

Automobile Insurance

California Approves New Insurance Product for UberX, Lyft, and Sidecar Ridesharing Drivers
California Insurance Commissioner Dave Jones has approved a new insurance product submitted by Farmers Insurance for drivers driving for ridesharing (or "ride-hailing") companies such as UberX, Lyft, and Sidecar. Read More

View All Legislative/Regulatory Developments
Aon Affinity Partners with AXIS Insurance to Offer Architects & Engineers Professional Liability Program Read More

NAIFA Appoints Attorney Kevin M. Mayeux as CEO 
Read More

Below Normal Atlantic Hurricane Season Likely This Year, NOAA Predicts Read More

FC&S Legal Publishes "Florida Federal Court Rejects Insurer's Attempt to Avoid Indemnity for Damage Caused by Construction Defects" in its Flagship Publication, the Insurance Coverage Law Report 
Read More

Pets Best Insurance Passes $100 Million Claim Payout Milestone Read More

View All Industry News
Riots, Insurance, and Moratoriums


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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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