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TODAY'S TOP DEVELOPMENTS Thursday, August 28, 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.


Automobile Insurance
New Mexico Federal Court Finds Coverage for Dog Bite from Parked Car
A federal district court in New Mexico has decided that an automobile insurance company was obligated to cover claims arising out of a dog bite from a parked car where the purpose of the insured’s trip was to transport the dog and where “the bite occurred because of the unique setting of the car” in that the dog “was specifically territorial over the vehicle.” Read More

Automobile Insurance

Insured Must Submit to Appraisal Before Suing Insurer, Federal District Court in Nevada Decides
A federal district court in Nevada has ruled that an insured had to submit to an appraisal as demanded by his insurer before he could proceed with his lawsuit against the insurer for breach of contract and other causes of action. The court reasoned that until an appraisal was completed, it was impossible to know whether the insured’s claim had been undervalued such that his causes of action against the insurer were viable. Read More

Business Income
Insurer’s Appraisal Demand, One Month After Deciding There Was an Impasse, Was Timely, Court Rules
A federal district court in Texas has ruled that an insurer’s appraisal demand, filed 10 months after a coverage suit had been filed by its insured but only about one month after it determined that negotiations had reached an impasse, was timely. Read More

Commercial General Liability
Publication Exclusion Bars Coverage for Damages Allegedly Resulting from Insured’s Controller’s Submission of False Statements to Insured’s Bank
A federal district court in Ohio has ruled that a commercial general liability insurance policy’s “publication exclusion” barred coverage for an insured company’s claim that it had been libeled or disparaged by its controller’s submission of false statements regarding its financial position to its lender. Read More

View All Case Law Developments

Automobile Insurance

Illinois Governor Pat Quinn Vetoes “Uber” Bill
Illinois Governor Pat Quinn has vetoed House Bill 4075, also known as the “Uber” bill. The bill would have imposed statewide regulations on commercial ridesharing and preempted local governments from adopting rules regulating the industry. Read More

Automobile Insurance

Car Dealer Pleads Guilty and Faces Prison for Using False Titles to Sell Cars Damaged in Superstorm Sandy to Unsuspecting Customers
The operator of a used car dealership in Middlesex County, New Jersey, has pleaded guilty to using fraudulent vehicle titles to sell cars damaged in Superstorm Sandy to unsuspecting customers. State prosecutors said that a suspended New Jersey Motor Vehicle Commission technician who helped the dealer obtain the fraudulent vehicle titles also pleaded guilty, and that charges are pending against a former car salesman at the dealership. Read More

View All Legislative/Regulatory Developments
Nelson Brown Elects Jeffrey S. Matty Partner Read More

Enstar Group to Acquire Companion Property and Casualty Insurance 
Read More

Applied Underwriters Completes Acquisition of Optimum Insurance Company 
Read More

Catastrophe Insurer Palomar Specialty Insurance Now Is Licensed in 14 States 
Read More

MAPFRE U.S.A. Enters Life Insurance Market Read More

View All Industry News
Q & A
Collision Damage Waiver and Coverage under the BAP


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View Entire September 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

FC&S Legal: The Insurance Coverage Law Information Center

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