Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Monday, June 23, 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.


Automobile Insurance
Despite $100,000 Typo in Insurer's E-mail Offer, Court Enforces Settlement
A federal district court in Kansas has enforced a settlement agreement between an insurance company and an injured woman with a claim against its policyholder although the insurer's e-mail offer of settlement contained a $100,000 typo and the erroneous offer exceeded the authority of the adjuster who sent it. Read More

Commercial General Liability

Water Exclusion Bars Coverage for Damage from Ice that Heaved Up through Concrete Floor, at Least Where the Ice Originated from Water Seeping from the Building
An appellate court in Nebraska, affirming a trial court's decision, has ruled that an insurance carrier was not obligated to cover damage to its insured's warehouse after water seeped through a cracked drain pan, froze underneath the floor, and expanded, causing damage to the concrete floor. Read More

Homeowners Insurance
Maine's Top Court Reaffirms that Even "Mere Potential" of Coverage Mandates a Defense, Given State's "Liberal Notice-Pleading Standard"
The Supreme Judicial Court of Maine, reversing a trial court's decision, has ruled that an insurance carrier had an obligation to defend its insured in a lawsuit brought by a homeowner's association where, given the state's "liberal notice-pleading standard," the "facts that might be proved at trial potentially fall within the coverage provided" by the policy. Read More

Case Study
Calculating Insurer's Allowable Offsets to UIM Payments Payable to Its Insured Against Amounts Insured Received from Other Insurer
A recent decision by a federal district court in Washington discusses how an insurance carrier should calculate offsets to the underinsured motorist benefits payable to its insured against amounts the insured received from another insurance carrier. Read More

View All Case Law Developments

In the States

Gordon Amini Returns to Oklahoma Insurance Department, as Senior Attorney
Gordon Amini has returned to the Oklahoma Insurance Department, as senior attorney. Mr. Amini previously was employed at the department from 1977-1981. Read More

Health Insurance

Arizona Insurance Department Sets Forth Licensing Requirements for ACA Navigators and CACs
The Arizona Insurance Department has issued a regulatory bulletin summarizing HB 2508, which added a new Article 3.4 to Arizona Revised Statutes, prescribing requirements for the licensing of health insurance navigators and health insurance certified application counselors. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Federal Court in Missouri Holds that Each Fax in a TCPA Blast-Fax Case Triggers a Separate $1,000 Per-Claim Deductible, Insurer Owes No Duty to Indemnify as a Matter of Law"Read More

Fireman's Fund Insurance Names Walter Grote Commercial Insurance Field Executive
Read More

Ironshore Canada Enters Commercial Property Market Offering Energy, Construction, and General Property Products  
Read More

Zurich Names Jim Thomas to Head Credit and Political Risk Team for Specialty Products 
Read More

Mercury Releases Second Annual "Best of the Worst Claims" Report Read More

View All Industry News
Scheduled Limits
and Value of Stolen Ring


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