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TODAY'S TOP DEVELOPMENTS Thursday, August 22, 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.


"Malicious Prosecution" Exclusion Does Not Exclude New Mexico's New Tort of "Malicious Abuse of Process," 10th Circuit Holds
The U.S. Court of Appeals for the Tenth Circuit has ruled that a management liability policy's "malicious prosecution" exclusion encompassed only claims whose elements were essentially those of the common law cause of action for malicious prosecution and, therefore, did not exclude coverage for a new tort of "malicious abuse of process" recognized by the New Mexico Supreme Court. Read More

Homeowners Insurance

Single Gunshot Was One Occurrence Notwithstanding Number of People Injured, Alaska Supreme Court Holds
The Alaska Supreme Court has held that a family's homeowner's insurance policy provided a $300,000 limit to "Each Occurrence" notwithstanding the number of insureds, and that a single gunshot was one occurrence notwithstanding the number of people who were injured. Read More

New Jersey's Highest Court Rules that Settlements at Mediation Must be Reduced to Writing Prior to the Close of the Mediation Session to Be Enforceable
The New Jersey Supreme Court has held that "if the parties to mediation reach an agreement to resolve their dispute, the terms of that settlement must be reduced to writing and signed by the parties before the mediation comes to a close." Read More

Trial Strategy
When Are an Insured's Counsel's Communications Prepared in Anticipation of Litigation?
Pre-trial discovery disputes in insurance coverage litigation frequently involve a policyholder's efforts to obtain documents prepared by an insurance carrier's attorney on the ground that they are not protected by the work-product privilege. A new decision by an Indiana magistrate judge analyzes the work-product privilege in a first-party dispute in which an insurer sought to obtain communications involving its insured's counsel. Read More

View All Case Law Developments

Commercial Auto

Prosecutors Allege that Defendant Insured Vehicles to Register Them, Uninsured Them, and Then Leased Them to Illegal Immigrants
New Jersey prosecutors have alleged that Glenia S. DaSilva registered approximately 180 vehicles under three business entities over the past three years, adding them to business automobile insurance policies at the time the vehicles were registered with the New Jersey Motor Vehicle Commission and then removing them from the applicable automobile policies shortly after registration and the receipt of valid insurance cards. Read More

Insurance Fraud

6 in California Insurance Fraud Ring Netted Over $400,000, Prosecutors Say
Six people have been charged with running an insurance fraud ring throughout northern California and northern Nevada. Investigators asserted that the insurers' losses were between $400,000 and $600,000. Read More

View All Legislative/Regulatory Developments
Catastrophes Cost Global Insurers Over US$20 Billion in First Half of 2013, Swiss Re Reports Read More

Sutherland Continues Expansion of Insurance and Financial Services Practice in New York 
Read More

Former Willis Group CEO Joseph Plumeri Joins KKR as Senior Advisor 
Read More

ABA Web Site Matches Volunteer Lawyers with Veterans Filing Disability Insurance Claims 
Read More

Class Action Lawsuit Filed Against Meadowbrook Insurance Group 
Read More

View All Industry News

Hail Blocking Gutters Not Exception to Commercial Property Limitation


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
[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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