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TODAY'S TOP DEVELOPMENTS Tuesday, July 28, 2015

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.


Homeowners Insurance
No “Occurrence” Where Insured Gave Gun to “Volatile Felon” with “Anger Management Issues” Who Shot and Killed Her Son-in-Law
An appellate court in Wisconsin, affirming a trial court’s decision, has ruled that there was no occurrence under a homeowner’s insurance policy where the insured gave a gun to a “volatile felon” with “anger management issues” who used the gun to shoot and kill her son-in-law. Read More

Workers Compensation

Struck at Gun Range by Ricocheting Bullet, Police Officer Loses Damages Suit against County on “Common Enterprise” Defense
An appellate court in Minnesota, reversing a trial court’s decision and relying on the “common enterprise” rule, has ruled that a city police officer injured by a ricocheting bullet at a gun range could not sue the county that operated the range for damages after having received workers’ compensation benefits. Read More

Workers Compensation
Failure to Rebut Presumption that Marijuana User Was Impaired at Time of Fatal Work Accident Doomed Worker’s Comp Claim
A Texas appeals court, affirming a trial court’s decision, has ruled that the beneficiary of a worker’s compensation policy had not rebutted the presumption that the insured employee was impaired at the time of a fatal accident because post-death blood and urine tests revealed the presence of THC, the active ingredient in marijuana. Read More

Life Insurance
Death from Self-Administered Heroin Overdose Was Covered under “Accidental Death” Policy, California District Court Holds
A federal district court in California, distinguishing between “accidental means” and “accidental death” insurance policies, has ruled that an insured’s death from a self-administered heroin overdose was accidental and covered by the governing policy. Read More

View All Case Law Developments

Automobile Insurance

Reacting to Fiat Chrysler Car Hacking, Senators Introduce SPY Car Act to Tackle Security and Privacy of Automobiles’ Computer Systems
In the wake of reports that the computer system of a Jeep Cherokee has been hacked, two U.S. Senators have introduced legislation that would direct the National Highway Traffic Safety Administration and the Federal Trade Commission to establish federal standards to secure cars and to protect drivers’ privacy. Read More

In the States
N.H. Insurance Department is Directed to Close N.H. Medical Malpractice Joint Underwriting Association
A New Hampshire county court has released an order appointing New Hampshire Insurance Commissioner Roger A. Sevigny as receiver of the New Hampshire Medical Malpractice Joint Underwriting Association. The court order came in response to a new law directing the wind-down and closure of the association through a court-supervised receivership process. Read More

View All Legislative/Regulatory Developments
Now We Know How Much Insurance Is Needed to Hold the Summer Olympic and Paralympic Games in the U.S. Read More

Anthem to Acquire Cigna in $54.2 Billion Transaction 
Read More

Southland National Insurance Corporation to Acquire Colorado Bankers Life Insurance Company Read More

Meiji Yasuda Life Insurance Company to Acquire StanCorp Financial Group in $5 Billion Transaction 
Read More

FC&S Legal Publishes “Massachusetts Appeals Court Adopts Two-Prong Continuity and Profit Motive Test to Determine Whether Business Pursuits Exclusion Applies Under Homeowners’ Policy” Read More

View All Industry News
Faulty Work and Digester Cover


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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

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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