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TODAY'S TOP DEVELOPMENTS Friday, August 12, 2016  

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.


Commercial General Liability
Race Car Driver Tony Stewart Was Not Covered for Claims He Struck and Killed Fellow Driver During a Race, N.Y. District Court Rules
A federal district court in New York has ruled that race car driver Anthony Wayne "Tony" Stewart was not covered under a commercial general liability insurance policy for a lawsuit by the estate of Kevin A. Ward, Jr., a fellow driver who was killed when Mr. Stewart's car struck him during a race. Read More

Claims Resolution
Insurer Precluded from Asserting Defense in Coverage Dispute Over Officer-Related Shooting That Resulted in Death of Walter Scott
A federal district court in South Carolina has ruled that the issuer of a legal defense benefit policy to police officers could not assert a particular coverage defense against an officer involved in the shooting on April 4, 2015 that resulted in the death of Walter Scott. Read More

Environmental Liability
Fifth Circuit, Applying New York Law, Rules That "Remediation Costs" in Pollution Liability Policy Was Ambiguous
The U.S. Court of Appeals for the Fifth Circuit has ruled that the term "remediation costs" in a pollution liability policy was ambiguous under applicable New York law. Read More

Commercial General Liability
Nebraska Supreme: No Coverage for Insured's Costs to Repair Defective Product in Absence of Damage to Other Property
The Nebraska Supreme Court has ruled that commercial general liability insurance policies did not cover an insured's costs to cure its improperly manufactured product, which was used in the construction of an arena, where there was no damage to any part of the arena. Read More

View All Case Law Developments

Life Insurance

Four Additional Insurers Agree to Change Their Use of Social Security Administration's Death Master File Database
State insurance regulators have reached settlement agreements with Hartford Fire & Casualty Group, Securian, Great American Life, and Standard related to use of the Social Security Administration's Death Master File database. Read More

In the States
Washington Sues Comcast for Over $100 Million, Alleging Misrepresentations Over Service Protection Plan
The State of Washington has sued Comcast Corporation, alleging nearly two million violations of the Washington Consumer Protection Act relating to Comcast's alleged misrepresentations regarding the scope of its "Service Protection Plan." Read More

View All Legislative/Regulatory Developments
Worst Flooding Since 1998 Leaves $33 Billion Economic Toll in China, According to Aon Catastrophe Report; Less than Two Percent of Losses Covered by Insurance  Read More

Allianz Travel Insurance Sharing Economy Index Reveals Twice as Many Americans to Use Market for Summer Travel in 2016  
Read More

TrueMotion Launches Free Family Driving App to Increase Safety and Reduce Insurance Costs  
Read More

Health Insurance Coverage Can Lower Odds of Alcohol Use by Pregnant Women, Columbia University Study Finds  
Read More

Self-Insured Health Plans Growing in Small, Medium-Sized Firms, According to Employee Benefit Research Institute  
Read More

View All Industry News
Customers' Flooring under the Building and Personal Property Coverage Form


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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
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

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