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TODAY'S TOP DEVELOPMENTS Tuesday, September 2, 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.


Commercial Property
Insurers Waived Right to Remove Coverage Disputes to Federal Court, Third Circuit Rules
The U.S. Court of Appeals for the Third Circuit, affirming a decision by a Delaware federal district court, has ruled that the terms of an insurance policy provided that the Delaware state courts were the “exclusive forum” for coverage disputes, and that insurers had waived their right to remove coverage actions from Delaware state court to federal court. Read More

Homeowners Insurance

Florida’s Statutory Definition of “Structural Damage” Was Incorporated into Homeowners’ Policy in Sinkhole Coverage Case, Eleventh Circuit Decides
The U.S. Court of Appeals for the Eleventh Circuit, reversing a decision by a federal district court in Florida, has ruled that, in a sinkhole coverage case, Florida’s statutory definition of “structural damage” was incorporated into a homeowners’ insurance policy. Read More

Homeowners Insurance
Despite Two Seemingly Contrary Circuit Court Rulings, Florida District Court Permits Force-Placed Insurance Case to Proceed
A federal district court in Florida has refused to dismiss a force-placed insurance case filed against American Security Insurance Company (and against a bank). The court’s rather conclusory decision suggests a willingness on the part of some district courts to permit these kinds of cases to go forward, notwithstanding arguably contrary decisions by two circuit courts of appeals. Read More

Eye on the Experts
California Supreme Court Defines Scope of Advertising Injury Coverage
This Eye on the Experts article focuses on Hartford v. Swift, a California Supreme Court case that imposes “specificity” requirements that may provide comfort to companies facing disparagement claims while requiring careful navigation to trigger comprehensive general liability policies. Read More

View All Case Law Developments

Health Insurance

Louisiana Psychiatrist Sentenced to More than Seven Years in Prison for His Role in $258 Million Medicare Fraud
A Louisiana psychiatrist has been sentenced in federal court in Baton Rouge, Louisiana, to serve 86 months in prison for his role in what prosecutors characterized as a $258.5 million Medicare fraud scheme involving partial hospitalization psychiatric services. Read More

Insurance Fraud

The Bugatti-in-the-Gulf Case: Luxury Car Owner Pleads Guilty to Fraud
Andy Lee House, a 39-year-old Lufkin, Texas, man, has pleaded guilty to wire mail fraud in the U.S. District Court for the Eastern District of Texas in connection with the loss of his 2006 Bugatti Veyron, which he had insured for $2.2 million. Read More

View All Legislative/Regulatory Developments
AEGIS London Recruits Cybersecurity Experts Joe Hancock and Daniel Carr Read More

Chubb Introduces New Crime Insurance Coverage to Help Protect Firms from Impostors 
Read More

Allstate Finds that Fort Collins, Colorado, is “America’s Safest Driving City” – How Does Your City Rank? 
Read More

Colonial Life Introduces Two New Plans 
Read More

Kevin Counihan to Lead CMS Health Insurance Marketplace Read More

View All Industry News
Q & A
False Pretense Coverage and Use of a Credit Card


Browse our entire library of over 2,500 insurance resources and forms.

View Entire September Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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