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TODAY'S TOP DEVELOPMENTS Wednesday, September 11, 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.


Unintended Consequences of Intentional Discharges Are Not "Accidental" for Purposes of Pollution Exclusion, Second Circuit Affirms
The U.S. Court of Appeals for the Second Circuit has affirmed that pollution exclusion provisions in several policies barred coverage for proceedings brought against the insured by the New York State Department of Environmental Conservation, confirming that, under New York law, the unintended consequences of intentional discharges were not "accidental". Read More

Homeowners Insurance

Insurer that Relied on Local Investigators' Arson Report Is Immune from Insured's Bad Faith Claim, Washington Court Decides
A federal district court in Washington has dismissed an insured's claims against his homeowner's insurer for bad faith denial of his claim for fire damage to his home and for failure to conduct a reasonable investigation of his claim where the insurer relied on an arson report by local investigators that concluded that the fire had been intentionally set and that said that the insured was the only suspect. Read More

Personal Watercraft
Lawyer Who Pleaded Guilty to Boating under the Influence after Colliding with Another Boat Loses Bid for Defense of Action Seeking Damages from the Collision
A federal district court in Alabama has ruled that a lawyer who pleaded guilty to boating under the influence after colliding with another boat was not entitled to a defense from his insurance carrier in a state court action seeking damages from the collision. Read More

FEHBA Does Not Preempt Arizona Rule Barring Subrogation between Injured Insured and FEHBA Insurer, Arizona Appeals Court Holds
An appellate court in Arizona has ruled that Section 8902(m)(1) of the Federal Employee Health Benefits Act, which provides that certain types of FEHBA contract terms preempt state laws, did not preempt the Arizona rule that barred subrogation in personal injury cases and that, as a result, a FEHBA insurer was not entitled to enforce subrogation rights against an injured insured. Read More

View All Case Law Developments


Community Bankers Group Has "Serious Concerns" about Flood Insurance Premium Increases, Urges Changes to Biggert-Waters
Camden R. Fine, the president and chief executive officer of Independent Community Bankers of America, has written letters to members of the House of Representatives and Senate expressing the group's "serious concerns" about impending flood insurance premium increases and urging changes to Biggert-Waters. Read More

Health Insurance

Treasury Issues Proposed Rules for Information Reporting by Insurers, and Employers, under the Affordable Care Act
The U.S. Department of the Treasury and the Internal Revenue Service have issued proposed regulations to implement the information reporting requirements for insurers, and certain employers, under the Affordable Care Act. Read More

View All Legislative/Regulatory Developments
Wells Fargo Insurance Names Tim Prichard Head of National Employee Benefits Practice Read More

QBE Confirms New Operating Model for European Operations
Read More

Aflac Updates Lump Sum Critical Illness Plan
Read More

Navigators Moves Headquarters to Stamford, Connecticut
Read More

Munich Re Agrees to Sell Windsor Health Group to WellCare Health Plans
Read More

View All Industry News

MSO Homeowners MPL01 (Section II)


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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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