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TODAY'S TOP DEVELOPMENTS Monday, August 22, 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.


Intoxicated Lawyer Injured in Fall Could Recover LTD Benefits Where Insurer Failed to Show "Causal Link" to His Injury, Georgia Federal Court Says
A federal district court in Georgia has ruled that an intoxicated lawyer who fell down a flight of stairs and suffered brain injuries was entitled to long-term disability ("LTD") benefits under his firm's plan where the plan administrator failed to demonstrate that the lawyer's injuries were caused by, resulted from, or were related to his intoxication. Read More

Evidence of Voluntary Intoxication Did Not Negate Insured's Presumed Intent to Sexually Assault Minor, Connecticut Supreme Court Holds
The Connecticut Supreme Court has ruled that evidence of an insured person's voluntary intoxication may not be used to negate intent in duty to defend cases in which the insured's intent was inferred from the underlying complaint that alleged that the insured committed sexual misconduct with a minor. Read More

"Assault and Battery" Exclusion in Tavern's Policy Precluded Coverage Notwithstanding Assailant's Extreme Intoxication, Illinois Appeals Court Rules 
An Illinois appeals court, reversing a trial court's decision, has ruled that an assault and battery exclusion in a tavern's insurance policy precluded coverage for claims of assault and battery regardless of whether the assailant had been extremely intoxicated at the time. Read More

"Liquor Liability" Exclusion Precluded Coverage for Claims That Insured Contributed to Intoxication of 16 Year Old, Leading to His Drunk Driving Accident
A federal district court in New Hampshire has ruled that the "Liquor Liability" exclusion in an insurance policy precluded coverage for claims that the insured variety store had served alcohol to a 16 year old, and had contributed to his intoxication, leading to a drunk driving accident injuring two other young men. Read More

View All Case Law Developments

Automobile Insurance

Miami Attorney Charged with Insurance Fraud and Grand Theft
A Miami attorney, Anett Lopez, has been charged with being involved in a personal injury protection fraud scheme that allegedly accounted for nearly $1.5 million in financial loss to insurers. Read More

In the States
American Pet Insurance Is Fined $150,000 by Washington Insurance Department
Washington Insurance Commissioner Mike Kreidler has issued a $150,000 fine against American Pet Insurance, which offers policies under the name Trupanion. Read More

View All Legislative/Regulatory Developments
UPC Insurance and American Coastal Insurance Agree to Merge Read More

Aetna to Narrow Individual Public Exchange Participation 
Read More

Liberty Mutual Insurance Signs Joint Venture Agreement for Its Chinese Insurance Operations with Sanpower Group 
Read More

Ford Promises Autonomous Cars in Five Years 
Read More

Martin Newby Joins Olympus Insurance as VP of Claims 
Read More

View All Industry News
BAP Coverage for Spouse


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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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