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TODAY'S TOP DEVELOPMENTS Friday, August 29, 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.


Case Study
What Allegations Amount to a Claim of Defective Workmanship?
Courts continue to debate whether allegations of defective workmanship are covered as an “occurrence” under a commercial general liability insurance policy. But what allegations constitute a claim of defective workmanship? A recent decision by a federal district court in Michigan, applying Michigan law, helps answer that question. Read More

Commercial General Liability

Washington Supreme Court Asked to Define “Collapse”
The U.S. Court of Appeals for the Ninth Circuit has asked the Washington Supreme Court to explain what constitutes “collapse” when the term was otherwise undefined in an insurance policy. Read More

Commercial Property
Earth Movement Exclusion Barred Coverage for Collapse Caused, at Least in Part, by Soil Settlement, New York District Court Decides
A federal district court in New York has ruled that an earth movement exclusion barred coverage for a collapsed warehouse floor where the collapse was caused, at least in part, by soil settlement. Read More

Commercial General Liability
“Completed Operations” Exclusions Barred Coverage for Personal Property Losses Alleged on Behalf of Condo Residents, Even Though Common Areas Remained Unfinished
The U.S. Court of Appeals for the Seventh Circuit, affirming an Illinois district court’s decision, has ruled that “completed operations” exclusions in a developer’s insurance policies barred coverage of claims that personal property in certain condominium units had been damaged, finding that the units in question “had been completed” and that coverage for any personal property damage allegedly sustained therein was excluded by the exclusions. Read More

View All Case Law Developments

Federal Actions

Berkshire Hathaway to Pay $896,000 Civil Penalty to Settle Charges It Violated Antitrust Premerger Notification Requirements
Berkshire Hathaway Inc. has agreed to pay an $896,000 civil penalty to settle charges that it violated premerger reporting and waiting requirements when it acquired voting securities of USG Corp. in December 2013. Read More

Life Insurance

Three Insurance Agents Sentenced in Manhattan Federal Court for Elaborate Multimillion-Dollar Life Insurance Scheme
Michael Binday, the president and owner of a Scarsdale-based insurance agency, James Kevin Kergil, an insurance agent based in Peekskill, New York, and Mark Resnick, an insurance agent based in Orlando, Florida, have been sentenced to prison terms of 12 years, nine years, and six years, respectively, for their involvement in what federal prosecutors have characterized as a massive scheme to defraud life insurance companies in connection with the issuance of stranger-originated life insurance policies. Read More

View All Legislative/Regulatory Developments
Life Insurance Accounts for Almost Half of Inforce Voluntary Premium, According to an Eastbridge Report Read More

Susan Swails Joins Houston International Insurance as President and Chief Underwriting Officer of its Global Energy Division 
Read More

Jeffrey Goldman Joins Holland & Knight as a Partner in Chicago 
Read More

Nelson Brown Elects Jeffrey S. Matty Partner 
Read More

Insurance Regulatory Attorney Nate “Wes” Strickland Joins Colodny, Fass Talenfeld, Karlinsky, Abate & Webb Read More

View All Industry News
Q & A
Deductibles and the BAP


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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

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