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TODAY'S TOP DEVELOPMENTS Tuesday, July 29, 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.


Product Liability Coverage
“Mere Potential” that Some Claims Would Be Covered Did Not Trigger German Insurer’s Duty to Defend Insured, Federal District Court in Illinois Decides
A federal district court in Illinois has rejected an insured’s argument that the “mere potential” that some claims against it would be covered was sufficient to trigger a German insurance company’s duty to defend it. Read More

Homeowners Insurance

Insureds May Continue Suit against Insurer Over Its Denial of Their Claim Stemming from Their Deteriorating Basement Walls
A federal district court in Connecticut has refused to dismiss a lawsuit brought by homeowners against their insurance carrier for failing to cover their claim that their home’s basement walls were deteriorating because of a problem with the concrete that had been used in construction. Read More

Workers Compensation
Ohio Workers’ Compensation Bureau Reaches $420 Million Settlement in San Allen Case
The Ohio Bureau of Workers’ Compensation has reached an agreement in principle to settle San Allen, Inc. v. Ryan, a class action lawsuit against the State of Ohio over BWC workers’ compensation premium pricing policies that were in place between 2001 and 2008. Read More

Personal Watercraft
Where Insured Did Not Provide Reason for Clamp’s Failure, Insurer Did Not Have to Cover Water Damage to Yacht, Court Rules
A federal district court in New York has ruled that a marine insurance carrier did not have to pay for the losses suffered by the insured’s yacht where the insured had not provided evidence as to the reason a clamp had failed, leading to approximately $470,000 in damage after seawater entered the vessel. Read More

View All Case Law Developments

Automobile Insurance

Lyft and New York Regulators Reach Agreement that Permits Lyft to Operate in New York
The ridesharing service Lyft, Inc., which had been temporarily enjoined from operating in New York City, has reached an agreement with New York regulators permitting it to operate there – albeit using only commercial drivers operating under the same constraints and rules as others licensed by the New York City Taxi and Limousine Commission – and the rest of New York. Read More

In the States

New York State Lawyer in Greenberg Case Violated Travel Regulation by Accepting Ride on Defense Counsel’s Chartered Jet, Ethics Board Finds
David N. Ellenhorn, senior trial counsel for the New York Office of the Attorney General, violated state travel regulations by accepting air travel from a 2009 deposition on a jet chartered by opposing counsel, according to a settlement agreement reached between Mr. Ellenhorn and the New York State Joint Commission on Public Ethics. Read More

View All Legislative/Regulatory Developments
Aspen Shareholders Reject Endurance Proposals Read More

Insurance Litigator Raymond T. DeMeo Joins Robinson & Cole 
Read More

Matthew Grove Named Chief Administrative Officer for Insurance and Agency Group at New York Life; David Cruz Elected Senior Managing Director and Head of Retail Annuities 
Read More

C.A. Bancorp and Federated National Holding to Form Property and Casualty Insurance Carrier 
Read More

Adele S. Simmons to Retire from Marsh & McLennan Companies’ Board of Directors Read More

View All Industry News
Party in Leased Premises Causes Damage


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

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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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