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TODAY'S TOP DEVELOPMENTS Wednesday, September 10, 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
Was It "Seepage" When 195,000 Gallons of Water Escaped from a Bathroom Over the Course of a Month? Maybe Not
An appellate court in Florida has reversed a trial court's decision granting summary judgment in favor of a homeowners' insurance company, ruling that there were questions of fact to be resolved to determine whether a leak of 195,000 gallons of water from a home's upstairs bathroom over the course of a month amounted to "seepage." Read More

Commercial General Liability

Claim that Contractor Had Allowed Home to Remain Open, Leading to Flooding and Damage, Did Not Amount to an "Occurrence," Florida Appeals Court Rules
An appellate court in Florida, affirming a trial court's decision, has ruled that an insurance company that had issued a commercial general liability policy to a contractor did not have to defend or indemnify the contractor in an action brought by homeowners who alleged that their new home had been damaged because the contractor had left it open during construction during the winter, which led the structure to flood. Read More

Homeowners Insurance
Force-Placed Insurance Class Action Settles for $625,000
A federal district court in California has approved the settlement of a force-placed flood insurance class action for $625,000. The court also approved payment of $143,750 for attorneys' fees and expenses for class counsel. Read More

Automobile Insurance
Government Pooled Funds Are Not Insurers and Are Not Subject to Tennessee's Uninsured Motorist Rules, Tennessee Supreme Court Rules
The Tennessee Supreme Court has ruled that a governmental fund established in accordance with the Tennessee law that allows governmental entities to pool resources to address liabilities created under the Tennessee Governmental Tort Liability Act is statutorily exempt from Tennessee insurance law and the uninsured motorist coverage requirements of the Tennessee insurance law. Read More

View All Case Law Developments

Workers Compensation

New Hampshire Governor Hassan Creates Workers' Compensation Commission
New Hampshire Governor Maggie Hassan has issued an executive order creating a Commission to Recommend Reforms to Reduce Workers' Compensation Medical Costs. Read More

Health Insurance

HHS Announces $60 Million in Navigator Grants
Health and Human Services Secretary Sylvia M. Burwell has announced $60 million in "navigator" grant awards to 90 organizations in states with federally-facilitated and state partnership health insurance marketplaces to support preparation and outreach activities in the second year of enrollment under the Affordable Care Act. Read More

View All Legislative/Regulatory Developments
Berkshire Hathaway Specialty Insurance Names Tom Kocaj as Vice President of Financial Institutions, Executive, and Professional Lines Read More

XL Group Expands Cyber and Technology Insurance 
Read More

Specialty Insurance Group and Everest Reinsurance Announce International Specialty Initiative 
Read More

Mt. Logan Re Appoints Mark Booth as Head Property Reinsurance Underwriter 
Read More

FC&S Legal Publishes "Use of Credit Ratings in Capital Requirements for Insurers – The Collins 'Fix'" Read More

View All Industry News
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View Entire September Insurance Coverage Law Report
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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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