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TODAY'S TOP DEVELOPMENTS Wednesday, July 2, 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
Policy’s Exclusions Did Not Apply Where LLC Member Acted in His Individual Capacity, and Not in Insured LLC’s Capacity, South Dakota Supreme Rules
The South Dakota Supreme Court, affirming a trial court’s decision, has ruled that neither a “property you own, rent, or occupy” exclusion nor a “care, custody, or control” exclusion in a commercial general liability insurance policy excluded coverage for a claim by a member of a limited liability company for damage the member caused with the limited liability company’s property to property the member owned individually. Read More

Automobile Insurance
California Appeals Court Upholds Bad Faith Complaint in Uninsured Motorist Context Despite Insurer’s Right to Demand Arbitration
An appellate court in California, reversing a trial court’s decision, has ruled that an insured’s bad faith complaint against its automobile insurance carrier, alleging that the insurer had not adequately investigated and evaluated his uninsured motorist benefits claim and had failed to attempt to negotiate a settlement despite clear evidence of liability, should not have been dismissed even though the insurer had a right to, and had, demanded arbitration of the insured’s claim. Read More

Superstorm Sandy: Finding that “Storm Surge” is a Type of “Flood,” Court Rules for Insurer
A federal district court in New York, ruling in a Superstorm Sandy case, has decided that a “storm surge” was a type of “flood” and, therefore, not a covered separate peril. Read More

Homeowners Insurance
Failure of Insured to Disclose Claim to His Bankruptcy Trustee Did Not Bar His Action Against His Insurer Where His Debts Had Never Been Discharged
A federal district court in Alabama has ruled that judicial estoppel did not bar an insured’s claim against an insurance company even though the insured had not disclosed the claim in his bankruptcy case, where his bankruptcy case had been dismissed before the insured’s debts could be discharged. Read More

View All Case Law Developments

Automobile Insurance
Delaware Becomes 37th State to Allow Electronic Proof of Auto Insurance
Delaware is now accepting proof of auto insurance in physical or electronic format. Read More

Insurance Fraud
Nation’s Largest Nursing Home Pharmacy Company to Pay $124 Million to Settle Allegations Involving False Billings to Federal Health Care Programs
Omnicare Inc., the nation’s largest provider of pharmaceuticals and pharmacy services to nursing homes, has agreed to pay $124.24 million for allegedly offering improper financial incentives to skilled nursing facilities in return for their continued selection of Omnicare to supply drugs to elderly Medicare and Medicaid beneficiaries. Read More

View All Legislative/Regulatory Developments
Philadelphia Insurance Launches Commercial Excess Flood Coverage Read More

U.S. Life Insurers Facing Earnings Pressure from Low Yields, According to Fitch Ratings Read More

MetLife Introduces Bundled Auto and Home Insurance Policies Read More

Mike Mascolo, Peter Moore, and Robert Volkel Named Regional Leaders of Wells Fargo’s Employee Benefits Practice Read More

Insurance Europe Finds Compulsory Environmental Liability Insurance Would Not Benefit Insureds Read More

View All Industry News
Form Analysis

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

View Entire July Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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 [email protected].
FC&S Legal: The Insurance Coverage Law Information Center
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