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TODAY'S TOP DEVELOPMENTS Friday, June 20, 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 Will a U.S. Court Assert Jurisdiction Over a Foreign Insurer?
The globalization of commerce is leading to more and more situations where a U.S. company is insured by an overseas insurance carrier. What does it take for a policyholder to be able to sue a foreign insurer in a U.S. court? A recent decision by a federal district court in Washington illustrates the analysis that courts undertake to determine whether a foreign carrier is subject to their jurisdiction. Read More

Commercial General Liability

Second Circuit Finds Insurer Was Obligated to Defend Insured Against Former Employee's ERISA Claims
The U.S. Court of Appeals for the Second Circuit, reversing a district court decision, has ruled that an insurance company was obligated to defend its insured in a suit in which the plaintiff alleged that the insured had misclassified her as an independent contractor rather than as an employee, thus depriving her of pension benefits under the insured's employee benefits plan. 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

Homeowners Insurance
Something There Is that Doesn't Love a Wall. But When that Something Is Not Unexpected, There Is No Occurrence
A federal district court has concluded that a homeowner's insurance carrier was not obligated to defend its insureds against an action alleging that a severely distressed retaining wall on their property posed a threat of collapsing and that the insureds had acted unreasonably by failing to remedy the problem, finding no "occurrence." Read More

View All Case Law Developments

Automobile Insurance

California Proposes New Mandatory Insurance Requirements for Ride-Sharing Services
The California Public Utilities Commission is proposing new mandatory insurance requirements for drivers participating in ride-sharing services such as Uber and Lyft. Read More

Federal Actions

House Committee on Financial Services to Consider 5 Year Extension of TRIA, 6 Month Moratorium on SIFI Designations
The House of Representatives Committee on Financial Services will be meeting at 10:00 a.m. on June 19, 2014 in open session to consider legislation that would extend the Terrorism Risk Insurance Reform Act of 2014 for another five years and a second bill that would place a six month moratorium on the authority of the Financial Stability Oversight Council to make financial stability determinations. Read More

View All Legislative/Regulatory Developments
Ironshore Introduces Personal Accident Insurance for Space Tourism Read More

Berkshire Hathaway Specialty Insurance Enters Surety Market, Names Geoff Delisio as Senior Vice President of Surety 
Read More

Peter D. Hancock Named President and CEO of AIG 
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

View All Industry News
Residence Next to Lake


Browse our entire library of over 2,500 insurance resources and forms.

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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