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TODAY'S TOP DEVELOPMENTS Monday, August 12, 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.


Claims Settlement
U.K. Supreme Court Rules on the Allocation of an Insured's Losses
A recent decision by the United Kingdom Supreme Court provides reassurance and certainty to insurers and reinsurers that an insured or insurer below them in any tower of insurance cannot adjust the order in which the claims impact the layers for their own convenience. Read More

Terrorism Risk Insurance

The Challenge of Terrorist Risk Insurance Act Reauthorization
Against a backdrop of House Republican opposition, especially the desire of many conservative Republicans to enhance the private sector's role and reduce the footprint of government-backed programs, it will be a challenge for TRIA's proponents to craft a compromise and persuade House Financial Services Chairman Jeb Hensarling that another TRIA extension is necessary and appropriate. Read More

Title Insurance
Insurance Carriers Can Be Held Liable for Agents' Violations of State Regulations, Washington Supreme Court Holds
The Washington Supreme Court has ruled that an insurance carrier was responsible for its agent's regulatory violations, pursuant to statutory and common-law theories of agency. The court declared that Washington law "forbids the insurer or its agent from certain conduct, it means that the insurer may not do indirectly—through its agent—what it may not do directly." Read More

Commercial General Liability
Bad Faith and False Advertising Claims against Insurers Can Be Brought Under California's Unfair Competition Law, State's Top Court Holds
The California Supreme Court has held that insurance practices–such as insurance bad faith and false advertising – that violate California's Unfair Insurance Practices Act can support an insured's lawsuit against his or her insurer under the state's Unfair Competition Law. Read More

View All Case Law Developments

Health Insurance

New Illinois Law Requires School Districts to Provide Catastrophic Accident Insurance for Injured Students
Illinois Governor Pat Quinn has signed legislation that requires public and private school districts to provide catastrophic accident insurance for high school students who are injured while participating in school-sponsored or supervised athletic events that result in medical expenses over $50,000. Read More

In the States

New Jersey Governor Chris Christie Creates Pension Fraud and Abuse Unit
New Jersey Governor Chris Christie has issued Executive Order No.138, creating the Pension Fraud and Abuse Unit within the state's Treasury Department. Read More

View All Legislative/Regulatory Developments
Understanding Vacancy Limitations on Vandalism and Theft Claims Read More

Figuring Out the Insurance Exhaustion Rule in New York is Exhausting 
Read More

Regulators Shining a Light on "Shadow Insurance" 
Read More

Examination under Oath as a Condition to Recovery of PIP Benefits: The Situation in Florida 
Read More

Legislators, Regulators, and Insurance Companies 
Read More

View All Industry News

Mold Damage and Wear and Tear Exclusion


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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