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TODAY'S TOP DEVELOPMENTS Monday, September 8, 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.


Homeowners Insurance
Neither a Claim of Self-Defense Nor an Acquittal on Criminal Charges Resulted in Coverage for a Fight, Court Rules
A federal district court in California has ruled that a homeowners' insurance policy did not provide coverage to the insured for a civil complaint stemming from an alleged fight with the plaintiff who brought the suit, notwithstanding that the insured argued that he had been acting in self-defense and that the insured had been acquitted on criminal charges brought against him in connection with the incident. Read More

Automobile Insurance

UM Provision Did Not Cover Injuries Allegedly Sustained by Permissive Passenger in Insured Vehicle Driven by Named Insured's Family Member, Eleventh Circuit Decides
The U.S. Court of Appeals for the Eleventh Circuit, affirming a district court's decision, has ruled that, under applicable Florida law, an uninsured motorist ("UM") provision in a car insurance policy did not cover injuries allegedly sustained by a permissive passenger in an insured vehicle driven by the named insured's family member. Read More

Automobile Insurance
Washington Federal District Court Upholds Policy's One Year Limit on UIM Suits Against Insurer
A federal district court in Washington has upheld the enforceability of a provision in an automobile insurance policy requiring the insured seeking underinsured motorist coverage to bring suit against the insurer within one year after the date on which the cause of action accrued. 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

View All Case Law Developments

Federal Actions

MetLife Plans to Fight Proposed SIFI Designation
The Financial Stability Oversight Council has preliminarily designated MetLife, Inc., as a non-bank Systemically Important Financial Institution under Section 113 of the Dodd-Frank Act. Read More

Employee Benefits

Warnings about Pension Plan Security on 40th Anniversary of ERISA
As the Employment Retirement Income Security Act turns 40, there are warnings about the security of pension plans from Senate Finance Committee Chairman Ron Wyden, D-Ore., and from the outgoing head of the Pension Benefit Guaranty Corporation, Joshua Gotbaum. Read More

View All Legislative/Regulatory Developments
"Making Sense of California's 'Accident' Requirement in Liability Insurance Policies – Part I" is Published in FC&S Legal's Flagship Publication, the Insurance Coverage Law Report Read More

Argo Group Names Jose Ribeiro as Head of International Operations 
Read More

Christine Sears Is Named to Succeed Penn National President & CEO Kenneth R. Shutts 
Read More

Donegal Group CEO Donald H. Nikolaus Takes Medical Leave of Absence; Kevin G. Burke Is Acting CEO 
Read More

European Insurance Investments Grew 3.2 Percent in 2013, But Future Investment Is under Threat, According to Insurance Europe Read More

View All Industry News
Q & A
Limit on Coverage of Loss to Stock


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

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