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TODAY'S TOP DEVELOPMENTS Tuesday, July 26, 2016  

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.


Montana Supreme: “Earth Movement” Exclusion Precludes Coverage for “Any and All” Types of Earth Movement – Including Large Boulder That Hit Cabin
The Montana Supreme Court, affirming a trial court’s decision, has ruled that a policy’s “earth movement” exclusion “broadly” precluded coverage for “any and all types of earth movement” – including for damage caused by a large rock falling down a hillside into the insured’s cabin. Read More

South Dakota Supreme: Neither Shooter Nor His Mother Was an Insured under Grandmother’s Policy
The South Dakota Supreme Court, affirming a trial court’s decision, has ruled that a young man who shot another person was not an insured under his grandmother’s insurance policy where neither the shooter nor his mother was a resident of the grandmother’s household. Read More

Commercial General Liability
West Virginia’s Lawsuit Against Pharmaceutical Distributor Relating to “Epidemic of Prescription Drug Abuse” Was Covered by Distributor’s Policy, Seventh Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit, reversing a decision by the U.S. District Court for the Central District of Illinois, has ruled that an insurance company was obligated to defend a pharmaceutical distributor in a lawsuit brought by West Virginia that sought to hold the distributor (and other distributors) liable for contributing to what West Virginia characterized as an “epidemic of prescription drug abuse.” Read More

Umbrella Policy’s Pollution Exclusion Did Not Preclude Coverage as Insurer’s Pollution Policy Constituted “Underlying Insurance”
A federal district court in Oklahoma has ruled that an insurer that had issued an umbrella policy was obligated to cover claims against its insured notwithstanding the policy’s pollution exclusion where the insurer also had issued a pollution liability policy to the insured that constituted “underlying insurance” for purposes of the umbrella policy.  Read More

View All Case Law Developments

Federal Actions

Three Charged in Alleged $1 Billion Medicare Fraud and Money Laundering Scheme
The owner of more than 30 Miami-area skilled nursing and assisted living facilities, a hospital administrator, and a physician’s assistant have been charged with conspiracy, obstruction, money laundering, and health care fraud in connection with an alleged $1 billion scheme involving numerous Miami-based health care providers. Read More

Ruwan Jayasekera Is Appointed Head of Insurance Supervision in Cayman Islands
Ruwan Jayasekera has been confirmed as Head of the Insurance Supervision Division at the Cayman Islands Monetary Authority. Read More

View All Legislative/Regulatory Developments
Simon Mobey to Lead XL Catlin’s Private Clients Team  Read More

The 2016 Hiscox Embezzlement Study: A Report on White Collar Crime in America  
Read More

Kingstone Insurance Signs Multiple Reinsurance Treaties  
Read More

AXIS Insurance Appoints Mark Paccione as Executive Vice President of Commercial Management Liability  
Read More

Canary Partners with Liberty Mutual Insurance  
Read More

View All Industry News
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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
Cort T. Malone, Anderson Kill, P.C.
Richard 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
Thomas F. Segalla, Goldberg Segalla
David D. Thamann, The National Underwriter Company

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