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TODAY'S TOP DEVELOPMENTS Tuesday, June 17, 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
California Supreme Court Narrows Meaning of “Disparagement” and Limits Insurer’s Duty to Defend under Policy’s “Personal and Advertising Injury” Provisions
The California Supreme Court has held that a claim of disparagement requires a plaintiff to show a false or misleading statement that (1) specifically refers to the plaintiff’s product or business and (2) clearly derogates that product or business. Both requirements, the court added, must be satisfied by express mention or by clear implication. Read More

Commercial General Liability

Texas Supreme Court Asked to Determine if PRP Letters Amount to a “Suit”
The U.S. Court of Appeals for the Fifth Circuit has asked the Texas Supreme Court to determine whether “potentially responsible party” letters and/or a unilateral administrative order issued by the U.S. Environmental Protection Agency pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act constituted a “suit” within the meaning of commercial general liability insurance policies, triggering the duty to defend. Read More

Professional Liability Insurance
Law Firm Is Entitled to Coverage of Claims Its Advertising Violated the Lanham Act, Court Rules
A federal district court in Missouri has ruled that claims that a law firm violated the Lanham Act in its advertising were excluded from the firm’s professional liability insurance policy because the advertising did not arise out of the rendering or failure to render professional legal services. The court, however, then found that there was coverage of the underlying claims against the law firm because, otherwise, the policy coverage was illusory. Read More

Life Insurance
Fifth Circuit Upholds Plan Administrator’s Decision Denying AD & D Benefits Where Insured Died While Operating a Boat While Intoxicated
The U.S. Court of Appeals for the Fifth Circuit, affirming a district court’s decision, has upheld a plan administrator’s decision denying recovery under two accidental death and dismemberment policies where the insured, operating a boat while intoxicated, crashed and died. Read More

View All Case Law Developments

Automobile Insurance

British Regulator Seeks Review of How Insurers Inform Consumers about Auto Insurance-Related Add-On Products
The British Competition and Markets Authority, which is the country’s primary competition and consumer authority, has proposed changes to the private automobile insurance market in an effort to “increase competition and reduce the cost of premiums for motorists.” Read More

Homeowners Insurance

Florida Governor Signs Law Creating Homeowner Claims Bill of Rights
A new Florida law, SB 708 requires that an insurer issuing a personal lines residential property insurance policy in Florida must provide a Homeowner Claims Bill of Rights to a policyholder within 14 days after receiving an initial communication with respect to a claim, unless the claim follows an event that is the subject of a declaration of a state of emergency by the governor. Read More

View All Legislative/Regulatory Developments
AXA ART Americas Elects Dorit Straus to Its Board Read More

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

Travelers Promotes Alan Schnitzer and Doreen Spadorcia; Bill Cunningham Leaves the Company 
Read More

1347 Property Insurance Holdings Completes Public Offering 
Read More

XL Group to Transfer Senior Underwriter Paul Le Boutillier to Its Fine Art and Specie Team in Singapore Read More

View All Industry News
Interest Feature of Property Policies


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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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