Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Friday, August 16, 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.


Commercial General Liability
In Broad En Banc Ruling, Missouri Supreme Court Finds Coverage for "Junk Faxes" Claims and Rules that Insurer Had to Indemnify Insured for $5 Million Settlement, Plus Interest
In a broad ruling, the Missouri Supreme Court, en banc, has affirmed that an insurer that had refused to defend its insured in an action against it under the Telephone Consumer Protection Act had to indemnify its insured by paying the $5 million settlement amount, plus interest. In its decision, the court also specifically found that there was coverage for TCPA claims under the insurer's commercial general liability insurance policy, rejecting numerous policy-based, and public policy, arguments raised by the insurer. Read More

Commercial Lines

"Clear and Unambiguous" Pollution Exclusion Barred Coverage for Asbestos Abatement Costs, in Absence of Evidence of Vandalism, Appeals Court Holds
An appellate court in New Jersey has affirmed a trial court's judgment in favor of an insurer, concluding that the pollution exclusion in the commercial insurance policy it had issued to a board of education barred coverage for asbestos abatement costs incurred by the board and that an exception to the exclusion for pollution caused by a specified loss such as vandalism did not apply in the absence of evidence of vandalism. Read More

Trial Court Could Not Confirm Arbitration Award in Favor of One Insurer against Another Insurer Where the Award Had Previously Been Voided
A Texas appellate court has reversed a trial court's decision to confirm an arbitration award in favor of Allstate Insurance Company and against American Modern Home Insurance Company, concluding that the trial court lacked subject matter jurisdiction because the award had previously been voided. Read More

Commercial Auto
Although Insurer's Cancellation Notice Contained an Error, Its Subsequent Corrected Notice Is Deemed Sufficient to Cancel Policy – Where Accident Occurred Thereafter
A Massachusetts appellate court has affirmed a trial court's decision that an insurance carrier had timely sent a notice of a policy's cancellation to the Massachusetts registry of motor vehicles despite an error in that notice, where the RMV received a corrected notice before the former policyholder was involved in an accident. Read More

View All Case Law Developments

In the States

N.Y. Again Obtains "Policyholder Safeguards" in Exchange for Approving Private Equity Firm's Acquisition of Annuity Business
The New York Department of Financial Services has announced that a second major private equity firm has agreed to "enhanced policyholder protections" as part of an annuity company acquisition. Read More

Automobile Insurance

New Illinois Law Removes Motor Vehicle Insurers' Notice Obligation for Policy Renewals, Reinstatements, and Reissuances
A new Illinois law has removed a notice obligation previously imposed on insurance carriers. Read More

View All Legislative/Regulatory Developments
Stuart Pattison to Lead U.S. Law Firm Insurance Unit at Endurance Read More

Study Finds that Disability Allowance Rates Rose During the Great Recession 
Read More

Zurich Appoints Kristof Terryn as CEO Global Life 
Read More

Lloyd's Celebrates 325 Years 
Read More

Workers Compensation Research Institute Welcomes Former CEO of Arkansas Workers' Compensation Commission as a Regional Director 
Read More

View All Industry News

Business Income Coverage for Insured Tenant


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

To ensure future delivery of email, please add [email protected]
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2013 Summit Business Media, All rights reserved. Privacy Policy
Summit Business Media
  5081 Olympic Blvd
Erlanger, KY 41018