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TODAY'S TOP DEVELOPMENTS Friday, August 9, 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.


Trial Strategy
How Mis-Joinder Doomed an Insurer's Coverage Action
A declaratory judgment action can help establish the obligations of the parties to an insurance contract. A recent decision by a Missouri appellate court serves as a reminder, however, that these actions must present justiciable controversies to be decided, and that a key to that is proper joinder of parties. Read More

Fire Insurance

Imputing Maintenance Employee's Knowledge that Sprinkler System Had Been Turned Off to the Insured, Circuit Court Finds No Coverage
The U.S. Court of Appeals for the Eleventh Circuit has ruled that a policy's "Protective Safeguard Exclusion" barred coverage where the insured's maintenance employee knew that the building's sprinkler system had been turned off. Read More

Automobile Insurance
Dog (in Parked Car) Bites Woman (Walking By): No UIM Coverage, Appeals Court Holds in Reversal of Trial Court
Reversing a trial court's decision finding underinsured motorist coverage, a New York appeals court has ruled that a woman who was bitten by a dog in a car parked in a parking lot while she was walking by was not entitled to UIM coverage under her own automobile insurance policy because the incident did not arise "out of the ownership, maintenance, or use of an underinsured vehicle." Read More

Cyber Liability
"Cyber Liability: Insurance Coverage under Traditional and New Cyber Policies-and the Risks to Corporate Boards"
FC&S Legal: The Insurance Coverage Law Information Center recently presented a live webinar, moderated by Director Steven A. Meyerowitz, at which Anjali C. Das of Wilson Elser Moskowitz Edelman & Dicker LLP and Jerold Oshinsky, now of Kasowitz, Benson, Torres & Friedman LLP, spoke about, "Cyber Liability: Insurance Coverage under Traditional and New Cyber Policies-and the Risks to Corporate Boards." A recording of the webinar, containing the speakers' presentation materials, is available on the FC&S Legal Web site. Read More

View All Case Law Developments

In the States

States Considering NCOIL Model Law on Certificates of Insurance
Several states are in various stages of considering the model law concerning certificates of insurance that had been endorsed unanimously by the National Conference of Insurance Legislators, including Kentucky, New Jersey, New Mexico, Tennessee, and Wisconsin. Read More

In the States

Florida Legislators Appoint Two to Citizens Board of Governors
Florida House Speaker Will Weatherford (R-Wesley Chapel) has appointed former state Representative Gary Aubuchon to serve a three year term as a member of the Citizens Property Insurance Corporation's board of governors. In addition, Florida Senate President Don Gaetz (R-Niceville) has appointed Freddie Schinz to the board for a three year term. Read More

View All Legislative/Regulatory Developments
Senior Life Insurance Settlements Company Crown Alliance Capital Terminates Letter of Intent to Sell $5 Million in Convertible Debentures Read More

Cars Are Most Likely to Be Stolen On 
Read More

Jerome C. "Tonk" Fischer Named to United Heritage Insurance Boards 
Read More

Fairfax Financial Increases Offer to Buy American Safety Insurance Holdings to $30.25 Per Share 
Read More

Lancashire Holdings to Acquire Lloyd's Insurer Cathedral Capital 
Read More

View All Industry News

Coverage Analysis
MSO Businessowers Policy - BU 04 01 (Part II)


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

View Entire August Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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