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TODAY'S TOP DEVELOPMENTS Friday, September 6, 2013

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.


Homeowners Insurance
Seeking Thoughts: Second Circuit Certifies "Apportionment-of-Loss" Questions to New York's Top Court
The U.S. Court of Appeals for the Second Circuit has asked New York's highest court, the New York Court of Appeals, to determine whether an apportionment-of-loss clause in a homeowner's insurance policy was enforceable under New York law. Read More

Commercial Umbrella

Second Thoughts? Fifth Circuit Withdraws Unanimous Deepwater Horizon Decision and Certifies "Additional Insured" Questions to Texas Supreme Court
The U.S. Court of Appeals for the Fifth Circuit has withdrawn its unanimous ruling in In re Deepwater Horizon, 710 F.3d 338 (5th Cir. 2013), in favor of BP American Production Company, which reversed a district court's decision in favor of the insurance carriers. In its place, the circuit court has certified two questions to the Texas Supreme Court. Read More

Professional Liability Insurance
Second Thoughts? N.Y. Top Court Agrees to Rehear K2 Investment Case
New York's top court, the New York Court of Appeals, has taken the very unusual step of granting a motion to reargue in an insurance coverage case that it decided unanimously on June 11. Read More

Eye on the Experts
Texas Supreme Court Rejects Pro Rata Allocation, Confirms "All Sums" Based on American Physicians Insurance Exchange v. Garcia
In a significant opinion favorable to policyholders, the Texas Supreme Court reaffirmed the "all sums" approach with respect to insurance indemnity obligations. Read More

View All Case Law Developments

Automobile Insurance

Uninsured Drivers May Lose Ability to Collect Noneconomic Damages in Missouri
The Missouri legislature appears likely to try to override Governor Jay Nixon's veto of a bill that would ban uninsured drivers from recovering noneconomic damages in specified circumstances. Read More

Insurance Fraud

First Conviction of Staged Motor Vehicle Accident in Lee County, Florida
Alain Guevara, of Lehigh Acres, Florida, has pleaded guilty to staging a motor vehicle accident. Mr. Guevara pleaded guilty at the beginning of a jury trial scheduled in the 20th Judicial Circuit Court, making it Lee County's first conviction involving a staged motor vehicle accident, which carries a two-year minimum mandatory sentence. Read More

View All Legislative/Regulatory Developments
IFG's Wholesale Insurance Group Recruits New President: Louis D. Levinson Read More

Liberty Mutual Insurance Unit Appoints Mike Martin to Lead Property Practice 
Read More

Jon Molvie Joins American Integrity Insurance as Vice President of Sales 
Read More

Ironshore Specialty Casualty Offers Simplified Policy Form for Excess Liability Coverage 
Read More

2013 Worker's Compensation Temporary Total Disability Indemnity Benefit Duration Update Is Published 
Read More

View All Industry News

Updating of Undamaged Septic System


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

View Entire September Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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, Tressler 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 ($795 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 [email protected].

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