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TODAY'S TOP DEVELOPMENTS Wednesday, August 13, 2014

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.


Homeowners Insurance
Another Issue for People Still Living in Their Foreclosed Homes: Insurance Coverage May Be Void
The U.S. Court of Appeals for the Fifth Circuit, affirming a district court's decision, has ruled that under applicable Mississippi law an insurance company could rescind a homeowner's insurance policy where it had been renewed by homeowners after they lost ownership to foreclosure and the application indicated that the home would be owner occupied. Read More

Commercial Auto

In Case of First Impression, NY Appeals Court Rules that Employee Allegedly Injured in Accident with Co-Employee May Not Obtain Uninsured Motorist Benefits under Their Employer's Auto Policy
In a case of first impression, an intermediate appellate court in New York has ruled that an employee who was injured in a motor vehicle accident while in the course of her employment, and who was barred by the exclusive remedy provisions in the state's workers' compensation law from suing a co-employee based on negligence, was not entitled to supplementary uninsured/underinsured motorist benefits under her employer's automobile liability insurance policy. Read More

Commercial General Liability
Eighth Circuit Refuses to Rule that, under Arkansas Law, "Occurrence" in CGL Policy Includes Claims of Faulty Workmanship
The U.S. Court of Appeals for the Eighth Circuit, affirming a district court's decision, has rejected an insured general contractor's request to rule that, under Arkansas law, an "occurrence" under a commercial general liability insurance policy includes faulty workmanship. Read More

Insurer that Regularly Accepted Insufficient Premium Payments and Threatened to Cancel the Policy – But Did Not – Is Estopped from Denying Coverage
An appellate court in Wisconsin, affirming a trial court's decision, has ruled that an insurance carrier's "pattern of regularly accepting insufficient payments and threatening cancellation without ever cancelling the policy" was sufficient to equitably estop it from retroactively denying coverage two days after a fire loss at the insured commercial property. Read More

View All Case Law Developments

In the States

Florida Insurance Regulator Approves Removal of 97,231 Policies from Citizens Property Insurance Corp.
The Florida Office of Insurance Regulation has approved the removal of up to 91,499 multi-peril personal residential policies and 5,732 commercial lines polices from Citizens Property Insurance Corporation. Read More

Health Insurance

New California Not-for-Profit Health Information Exchange to Collect Information from Health Insurers and Providers
The California Integrated Data Exchange plans to develop a statewide, next-generation health information exchange that will collect electronic patient records including clinical data from health insurers and health care providers. Read More

View All Legislative/Regulatory Developments
New York Life Appoints Katherine O'Brien to Executive Management Committee Read More

Insurance Executives Expect Significant Uptick in M&A Activity, KPMG Survey Finds 
Read More

Former Treasury Insurance Sanctions Official David J. Brummond Joins DLA Piper 
Read More

ACE Appoints Kyle Bryant to New Management Role 
Read More

Assurant Appoints Eric Greenman Chief Investment Officer Read More

View All Industry News
Occurrence or Faulty Workmanship


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
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
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, Rivkin Radler 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 ($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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