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TODAY'S TOP DEVELOPMENTS Monday, September 12, 2016

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.


Environmental Liability
In Case of First Impression, N.Y. Appeals Court Allocates Environmental Cleanup Costs to Insured Where Insurance Had Been Unavailable
In a case of first impression, a New York appellate court, reversing a lower court's decision, has ruled in a coverage dispute over long-term, gradual environmental property damage caused by pollution that the insurer did not have to indemnify its insured for losses attributable to time periods when liability insurance was otherwise unavailable in the marketplace. Read More

Business Owners
No Coverage in "Junk Fax" Case, Third Circuit Affirms. (Note for Readers: A "Fax" Used to Be a Way to Communicate.)
The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the Eastern District of Pennsylvania, has ruled that an insurance company was not obligated to defend or indemnify its insured in connection with a $2 million judgment entered against the insured as part of the settlement of a class action lawsuit asserting that the insured had sent thousands of unsolicited fax advertisements in violation of the federal Telephone Consumer Protection Act. Read More

Automobile Insurance
Yes, Insurer Had Right to Settle Action Against Insured Without His Consent, West Virginia's Top Court Confirms
The Supreme Court of Appeals of West Virginia, affirming a trial court's decision, has confirmed that an automobile insurance carrier had the right to settle a lawsuit against its insured for the policy limits notwithstanding the insured's objection – and despite his contention that the settlement deprived him of the right to have the case against him tried by a jury. Read More

Attorney's Fees
No, Trial Court Should Not Have Used Contingency Risk Multiplier to Calculate Attorneys' Fees Payable by Insurer to Insureds, Florida Appeals Court Says
An appellate court in Florida has reversed a trial court's decision to apply a contingency risk multiplier to an award of attorneys' fees payable by an insurer to its insureds in a sinkhole coverage case, concluding that the lodestar amount itself was appropriate. Read More

View All Case Law Developments

Automobile Insurance

109-Count Indictment Charges Six Individuals with Massive Multi-Year Auto Insurance Fraud Scheme
New York prosecutors have brought charges against six individuals in a 109-count indictment for their alleged roles in a multi-year scheme to fraudulently obtain commercial car insurance policies and vehicle registrations. Read More

Workers Compensation
California Insurance Department Approves Order Providing That Berkshire Hathaway Companies Will Stop Selling Unapproved Worker's Comp Policies
California Insurance Commissioner Dave Jones has approved an order agreed to by California Insurance Company and Applied Underwriters Captive Risk Assurance Company, Inc., that provides that they will stop selling unapproved worker's compensation policies. Read More

View All Legislative/Regulatory Developments
Hudson Insurance Group Launches New Commercial Excess and Umbrella Unit Read More

XL Catlin Appoints Lauren Tennant Pollock as Vice President of Emerging Markets 
Read More

New Beazley Product Solutions Unit Will Partner with Insurance Companies to Enhance Coverage 
Read More

W. R. Berkley Forms Berkley Transactional; Names Randolph Hein President  
Read More

FC&S Legal Publishes "International Insurance Body Announces New Standards for Identifying Globally Important Insurers" 
Read More

View All Industry News
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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, Cope Ehlers, 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
Cort T. Malone, Anderson Kill, P.C.
Richard 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
Thomas F. Segalla, Goldberg Segalla
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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