Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, July 29, 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.


Automobile Insurance
Citing “Excited Utterance” Exception, Appeals Court Rules that Mother of Girl Injured in Auto Accident Could Testify to Statements Made by Unavailable Witness
An Illinois appellate court, reversing a trial court’s decision and relying on the “excited utterance” exception to the hearsay rule, has ruled that the mother of a girl injured in an automobile accident could testify as to statements made by an unavailable witness to her on the girl’s cell phone after the accident. Read More

Automobile Insurance

Woman Injured During Carjacking of Her Mercedes Could Recover UM Benefits, N.J. Appeals Court Rules
An appellate court in New Jersey, reversing a trial court’s decision, has ruled that a woman who alleged that she had been injured when her Mercedes was carjacked was entitled to recover uninsured motorist (“UM”) benefits under her auto policy. Read More

Automobile Insurance
Wisconsin Appeals Court Rules that Auto Policy Did Not Provide Coverage for Person Who Injured Another with Car During Premeditated Robbery
An appellate court in Wisconsin, reversing a trial court’s decision, has ruled that an automobile liability insurance policy did not provide coverage for an individual who injured someone with a car during a premeditated robbery. Read More

Eye on the Experts
Eleventh Circuit Rules Under Alabama Law that Breach of Warranty Claims Constitute an “Occurrence” and Coverage is not Barred by a General Liability Policy’s Contractual Liability Exclusion
This Eye on the Experts article discusses a recent Eleventh Circuit ruling that a breach of warranty claim constitutes an “occurrence,” triggering coverage under a general liability insurance policy, and that the policy’s contractual liability exclusion does not bar coverage from any resulting liability. Read More

View All Case Law Developments

Title Insurance

Former Owner of Title Agency Charged with Defrauding Lenders
The former owner of a title company in New Jersey has been charged with four counts of wire fraud related to an alleged scheme that cost lenders more than $750,000. Read More

Federal Actions
USDA Broadens Crop Insurance Options for Fruit and Nut Producers
The U.S. Department of Agriculture has expanded crop insurance to provide additional options for fruit and nut producers. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “Eleventh Circuit Holds No Duty to Defend Directors Serving in Mixed Capacities” Read More

Liberty International Underwriters Appoints Jane McCarthy to Lead Global Crisis Management Unit Worldwide 
Read More

W. R. Berkley Corporation Forms Berkley Global Product Recall Management; Names Louis Lubrano President Read More

Steve Mannik to Retire and Vincent DeMarco to be Named CEO of Gen Re’s U.S. Life Business 
Read More

Kevin G. Burke Appointed President and CEO of Donegal Group Read More

View All Industry News
Nonowned Auto Definition in Dispute


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

View Entire July/August 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
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

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%%.
Copyright ©2015 Summit Professional Networks, A Division of ALM Media LLC.
All rights reserved.
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018