Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Thursday, June 12, 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.


New York’s Top Court Rejects Application of Statutory “As Soon As Is Reasonably Possible” Standard for Examining Timeliness of Insurers’ Disclaimers in Environmental Damage Case
New York’s highest court, the New York Court of Appeals, has ruled that an intermediate appellate wrongly applied a statutory strict timeliness standard in considering whether excess insurance carriers insurers had waived their right to disclaim coverage of an insured’s environmental damage claims. Read More

Title Insurance

OMG: How Damages Trial Ended Up Before a Jury, Even Though Neither Insurer Nor Insured Seemed to Want That
A federal district court, after analyzing Federal Rules of Civil Procedure 38 and 39, has upheld a magistrate judge’s decision denying a policyholder’s request to withdraw its demand that a jury hear the damages portion of its action against its insurance carrier. Read More

Commercial General Liability
Insurer Waived Coverage Defenses in TCPA Case by Failing to Issue Timely Reservation of Rights Letter, Court Rules
A federal district court in Missouri has ruled that an insurance carrier waived its coverage defenses by failing to issue a timely reservation of rights letter to its insured, who was sued for allegedly violating the federal Telephone Consumer Protection Act. Read More

Automobile Insurance
“Owned But Not Scheduled for Coverage” Exclusion is Unenforceable, Kentucky Appeals Court Rules
An appellate court in Kentucky, reversing a trial court’s decision, has ruled that an “owned but not scheduled for coverage” exclusion in automobile insurance policies was unenforceable as against public policy in a case in which the owner of a motorcycle alleged that he was injured when he was struck by a third party’s automobile and he sought underinsured motorist (“UIM”) coverage from the insurers of two cars he owned. Read More

View All Case Law Developments

Automobile Insurance

Car Salesman Defrauded Insurers by Reporting Luxury Vehicles as Stolen, Knowing They Had Been Shipped to China, Prosecutors Assert
A Camden County, New Jersey, car salesman has been indicted for his alleged role in a scheme to defraud, or to attempt to defraud, two insurance companies of a total of more than $130,000 by reporting luxury vehicles stolen even though he knew that the vehicles had been shipped to China. A Cherry Hill, New Jersey, woman also was charged. Read More

Health Insurance

6 Members of One Family Are Charged with Insurance Fraud
Pennsylvania Attorney General Kathleen G. Kane has filed multiple charges against six members of the same family stemming from an alleged insurance fraud scheme. Read More

View All Legislative/Regulatory Developments
Gerard Lynch to Retire from Gen Re; William Rotatori to Become CEO and Chip Clark to Become President Read More

FC&S Legal Publishes “Alabama Supreme Court Clarifies Position on Construction Coverage Question” 
Read More

ACE Report Explores Global Construction Expansion and Discusses the Importance of Building a Multinational Insurance Program 
Read More

The Hartford Names Christopher J. Swift CEO, Douglas G. Elliot President, and Beth A. Bombara CFO; Liam E. McGee Remains Executive Chairman 
Read More

MetLife to Repurchase Up to $1 Billion in Common Stock Read More

View All Industry News
“Upset” and “Overturn” Are Not Redundant Terms


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

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy
5081 Olympic Blvd
Erlanger, KY 41018