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TODAY'S TOP DEVELOPMENTS Friday, August 2, 2013

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 Court Reverses Trial Court Decision that Umbrella Policy’s “Family Member Exclusion” Was Unconscionable
The Montana Supreme Court has agreed with a trial court that a family member exclusion in an umbrella policy was not ambiguous, did not violate the insureds’ reasonable expectations, and did not violate Montana public policy. The Montana Supreme Court, however, reversed the trial court’s decision that the exclusion was unconscionable and ordered that summary judgment be entered in favor of the insurer. Read More

Automobile Insurance

Family Court Order Conclusively Determines Child’s Single Domicile for No-Fault Purposes, Michigan Supreme Court Holds
The Michigan Supreme Court has ruled that, under Michigan’s no-fault act: (1) a minor child of divorced parents may have only one domicile at any given point in time, and (2) a family court order establishing the custody of a minor child is determinative of the child’s domicile for “all purposes.” Read More

Attorney's Fees
Insurer’s Nominal Settlement Offer Was Not in Bad Faith and It Was Entitled to Attorney’s Fees, Appellate Court Decides
Reversing a trial court decision, a Florida appellate court has ruled that an insurance company’s nominal settlement offer to its insured was not made in bad faith and, as a result, the insurer was entitled to an award of attorney’s fees. Read More

Automobile Insurance
Endorsement to Existing Policy Was a Policy “Issued” after Effective Date of Law Barring Reducing Clauses, Appellate Court Holds
An endorsement to a previously issued automobile insurance policy, which endorsement was issued after the effective date of a Wisconsin law barring reducing clauses in new policies, constituted a “polic[y] issued” after the law’s effective date, a Wisconsin appellate court has ruled. As such, the appellate court held, the reducing clause included in the previously issued policy was invalid. Read More

View All Case Law Developments

In the States

N.Y. Obtains “Policyholder Safeguards” in Exchange for Approving Sun Life Acquisition
For the first time, a private equity firm has agreed to an enhanced set of policyholder safeguards in an acquisition of an annuity company. Read More

Alternative Risk and Captives

Cayman Captive Industry Hits All Time High
The Cayman Islands captive insurance industry hit an all-time high of US$13.5 billion in total premiums and US$82.8 billion in total assets as of June 30, 2013. Read More

View All Legislative/Regulatory Developments
Free Webinar: Hot Issues in the Insurance Bad Faith Arena Read More

Julie Burnett to Lead Liberty Mutual’s Business Insurance Distribution 
Read More

Ironshore Expands Leadership Structure for Sector-Specific Risks 
Read More

PMA Companies Welcomes David A. Chandler as Chief Information Officer and Senior Vice President 
Read More

Allied World Launches Multinational Product Initiative 
Read More

View All Industry News

ATV Included in Property Not Covered Clauses


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

View Entire August Insurance Coverage Law Report
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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, Tressler 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 ($795 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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