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TODAY'S TOP DEVELOPMENTS Friday, June 13, 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.


Trial Strategy
When Bankruptcy Intervenes During a Coverage Dispute, Promptly Seeking Relief from the Bankruptcy Court May Be Crucial for Insurers
Insurance carriers often are in the position of seeing coverage battles halted when an insured enters bankruptcy. As a recent decision by a U.S. bankruptcy court in Wisconsin makes clear, an insurance company in this situation might want to seek relief from the bankruptcy court promptly, before delay harms its arguments in favor of obtaining relief. Read More


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

Commercial General Liability
Duty to Defend Triggered Where Government Communicates “Explicit or Implicit Threat” of Consequences by Reason of Contamination, Washington Appeals Court Rules
An appellate court in Washington has ruled that the term “suit” in commercial general liability (“CGL”) insurance policies was ambiguous in the context of a duty to defend “any suit” when an owner of contaminated property faced strict liability under the Model Toxics Control Act (“MTCA”), Chapter 70.105D RCW. The appellate court also decided that such strict liability may trigger the duty to defend under CGL insurance policies even if no government agency has taken or overtly threatened formal legal action – at least where a government agency has communicated an explicit or implicit threat of immediate and severe consequences by reason of the contamination Read More

Commercial General Liability
The Kippenberger Episode: Appellate Court Finds Coverage for Installer that Allegedly Damaged Paintings During Installation
An appellate court in California, affirming a trial court’s decision, has ruled that an art installation company’s commercial general liability insurance provided coverage for claims that it had damaged several paintings by German artist Martin Kippenberger while it was installing them, when an employee allegedly removed cardboard frames that were part of the artwork. Read More

View All Case Law Developments

In the States

National Association of Insurance Commissioners Releases First Volume of New Insurance Department Resources Report
The National Association of Insurance Commissioners has released the first volume of the 27th edition of the Insurance Department Resources Report. Read More

Automobile Insurance

Virginia Orders Uber and Lyft to Cease and Desist Their “Illegal Operations” – and Warns Drivers that They Face Penalties
Virginia’s Department of Motor Vehicles has ordered Uber Technologies, Inc., and Lyft, Inc., to “cease and desist” operating in Virginia. Read More

View All Legislative/Regulatory Developments
Insurance Law Attorneys Nelson C. Bellido, Diego J. Arrendondo, and Eric M. Fresco Join Roig, Tutan, Rosenberg, Martin & Stoller Read More

AIA Names Amanda Greenwold Wise Vice President and Chief Counsel for Federal Affairs 
Read More

FC&S Legal Publishes Nelson Levine De Luca & Hamilton’s Bad Faith Compendium: Virginia 
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

Travelers Reveals Most Common Wedding Insurance Claim (and It is Not Cold Feet) Read More

View All Industry News
Form Analysis
Condominium Association Coverage Form


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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