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TODAY'S TOP DEVELOPMENTS Thursday, June 5, 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.


Professional Liability Insurance
Exclusions Did Not Bar Coverage of Maryland Attorney General's Action against Insured Stemming from Alleged Foreclosure Rescue Scheme
A federal district court in Maryland has ruled that exclusions in a professional liability insurance policy did not exclude coverage for claims asserted by the Maryland Attorney General against the insured stemming from an alleged foreclosure rescue scheme. Read More

Automobile Insurance

Insurer's Documents Not Protected by Florida's "Mediation Privilege," Federal Court Rules
A federal district court in Florida has rejected an insurance company's contention that documents it listed on its privilege log were protected by Florida's mediation privilege under Fla. Stat. § 44.405(1). Read More

Commercial General Liability
Endorsement Obligates Insurer to Defend Insured against Suits Asserting Property Damage Arguably Caused by Pollutant Overspray
A Michigan appellate court, reversing a trial court's decision, has ruled that an "overspray endorsement" in a commercial general liability insurance policy expanded coverage for certain types of "property damage" that otherwise would have fallen within the policy's pollution exclusion and that, as a result, the insurance company was obligated to defend the insured against a suit seeking damages as a result of "property damage" arguably caused by pollutant overspray. 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

View All Case Law Developments

In the States

Superstorm Sandy: Narragansett Bay Insurance to Pay $327,400 to Settle State Charges It Failed to Perform Timely Inspections on Sandy Claims
Narragansett Bay Insurance Company will pay a $327,400 penalty to New York regulators to settle charges it failed to perform timely inspections of Superstorm Sandy damage claims as required by New York Insurance Law and regulations. Read More

Federal Actions

Former Connecticut Insurance Chief to Advise Fed on Insurance Issues
Former Connecticut Insurance Commissioner Thomas R. Sullivan has been named a senior adviser for insurance to the Federal Reserve. Read More

View All Legislative/Regulatory Developments
Aspen Insurance Rejects Revised Proposal from Endurance Read More

XL Group Completes Life Reinsurance Transaction 
Read More

Great American Insurance Group to Offer Bitcoin Coverage to Commercial and Governmental Entities 
Read More

Ironshore's Pembroke Lloyd's Syndicate 4000 Offers Accident Disability Coverage To U.S. Market 
Read More

Dai-ichi Life to Acquire Protective Life for $5.7 Billion Read More

View All Industry News
Replacement Cost Claims After Death


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

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