Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Thursday, September 4, 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 General Liability
Texas Appeals Court Rules that Insured May Be Able to Demonstrate Coverage for Punitive Damages Award
An appellate court in Texas has reversed summary judgment in favor of an insurance company and has ruled that the insured should have the opportunity to demonstrate that a punitive damages judgment against it was covered by commercial general liability and umbrella policies that had been issued in its favor. Read More

Commercial Property

Fourth Circuit Upholds $2.3 Million Jury Verdict Against Insurer, Finding that It Waived Violation of Policy's Fire Protective Safeguards Endorsement
The U.S. Court of Appeals for the Fourth Circuit, affirming a district court's decision after a jury trial, has ruled that, based on North Carolina law, a fire protective safeguards endorsement set forth in a commercial property insurance policy was subject to waiver and estoppel, that the insurer's failure to act for twenty-seven days after learning of the violation of the endorsement was sufficient for it to have waived that provision, and that there existed "sufficient evidence for a reasonable jury to have found" against the insurer and award $2,369,000. Read More

Homeowners Insurance
Insurer Did Not Have to Refund Premium to Deny Claim on Basis of Misrepresentation and Fraud, New Jersey Appeals Court Rules
An appellate court in New Jersey, affirming a trial court's decision following a jury trial, has ruled that an insurer was not estopped from denying a claim on grounds of fraud and concealment where it had not refunded the premium. Read More

Homeowners Insurance
Court Approves Settlement of Nationwide Class Action against Citibank Over Force-Placed Insurance
Judge David Hurd of the U.S. District Court for the Northern District of New York has granted final approval of a nationwide class action settlement in a pair of consolidated federal cases, Casey v. Citigroup, Inc., No. 12-cv-820 (N.D.N.Y.) and Coonan v. Citibank, N.A., No. 13-cv-353 (N.D.N.Y.), involving force-placed insurance. Read More

View All Case Law Developments

Insurance Fraud

Owner and Seven Employees of Mortgage Company and Two Real Estate Developers Charged in Alleged $50 Million Scam Involving Federally Insured Mortgages
The owner of a Florida mortgage company, seven employees of the company, and two real estate developers have been indicted in the Southern District of Florida in connection with an alleged $50 million fraud involving federally insured mortgages. Read More

Eye on the Experts

Use of Credit Ratings in Capital Requirements for Insurers — The Collins "Fix"
This Eye on the Experts article considers whether a proposed amendment to The Dodd-Frank Wall Street Reform and Consumer Protection Act — which requires federal financial regulators to impose rigorous capital standards on certain financial firms — will work as intended. Read More

View All Legislative/Regulatory Developments
Barger & Wolen and Hinshaw & Culberston to Merge Read More

Insurance Industry Executive Beth Friel Becomes Vice President and People Officer at Nelson Brown 
Read More

FC&S Legal Publishes "California Supreme Court Defines Scope of Advertising Injury Coverage" 
Read More

Peter D. Hancock Assumes Role as AIG President and CEO 
Read More

Valerie Onderka Hired to Lead Ironshore's Expanded Architects and Engineers Program Read More

View All Industry News
Q & A
Damage to Your Property or Damage to Your Work


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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018