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TODAY'S TOP DEVELOPMENTS Friday, August 26, 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

Commercial General Liability
5 Shot at Nightclub; 4 Suits Filed; 3 Required a Defense. What Allegations Doomed the Fourth? (And What Is the Fifth Victim's Complaint, if Filed, Likely to Say?)
A federal district court in South Carolina has ruled that an insurance company that issued a commercial general liability insurance policy to a nightclub owner had to defend him against three lawsuits stemming from a shooting at the club by one shooter, but not a fourth lawsuit, after examining the complaints' various allegations. Read More

Commercial General Liability
Total Pollution Exclusion Precluded Coverage for Damages Caused by Escaping Roof Tar, Ohio District Court Concludes
A federal district court in Ohio has ruled that the total pollution exclusion in a commercial general liability insurance policy precluded coverage for claims that roof tar had escaped from a roof and flowed into Lake Erie. Read More

Commercial Umbrella
Wyoming Supreme Court Adopts Notice-Prejudice Rule
The Wyoming Supreme Court, in response to a question certified to it by the U.S. Court of Appeals for the Eighth Circuit, has ruled that, under Wyoming law, an insurer must be prejudiced before being entitled to deny coverage when the insured had failed to give notice "as soon as practicable" – regardless of the express language of the policy. Read More

View All Case Law Developments


FEMA Extends Grace Period to Renew Flood Insurance Policies in Declared Louisiana Parishes
The Federal Emergency Management Agency has announced that, due to the damage and displacement caused by recent flooding, the grace period to renew flood insurance policies has been extended to 120 days for certain parishes in Louisiana. Read More

Automobile Insurance
Certificate of Destruction Requirements for Flooded Vehicles Highlighted by Louisiana Insurance Department
Following the federal declaration of disaster for Louisiana, the Louisiana Department of Insurance has issued a "reminder to insurance companies" regarding certificate of destruction title requirements. Read More

View All Legislative/Regulatory Developments
Ford Promises Autonomous Cars in Five Years Read More

Social Security Disability Applications Near 1.4 Million Through July 2016, Allsup Reports 
Read More

AAIS Announces New Forms and Rules Filings for Drone Insurance Coverage  
Read More

Petplan Finds Working Dog Breeds More Prone to Injury, Cancer 
Read More

Jill Levy Joins Mound Cotton Wollan & Greengrass LLP as Partner 
Read More

View All Industry News
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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, Cope Ehlers, 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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