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TODAY'S TOP DEVELOPMENTS Wednesday, September 14, 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.


Commercial General Liability
How an Insurer Persuaded Two Courts to Strike Down a $1.125 Million Consent Judgment Reached by Its Insured
An appellate court in Indiana, affirming a trial court's decision, has ruled that an insurance company was not bound by a $1,125,000 consent judgment reached by its insured, a lounge and grill, with a customer who alleged that he had been assaulted there. Read More

Homeowners Insurance
"Occasional Basis" Exception to "Rental" Exclusion Did Not Apply Where Owner Had No Intention of Returning to Her Home, Georgia Appeals Court Says
An appellate court in Georgia, reversing a trial court's decision, has ruled that a "rental" exclusion in a homeowner's insurance policy precluded coverage for claims brought by tenants of her second home where the owner had not rented it on only an "occasional" basis. Read More

Homeowners Insurance
Father Who Paid Premiums for Policy on Son's Home Did Not Have Insurable Interest, and Son Was Not an Additional Insured on That Policy, N.Y. Federal Court Rules
A federal district court in New York has dismissed breach of contract claims brought by a homeowner and his father against a homeowner's insurance carrier, finding that the homeowner was not an additional insured under the policy purchased by his father on the property, and that the father (who did not live at the property) had no insurable interest in it. Read More

Georgia Appeals Court, Asked to Adopt Continuous Trigger Theory, Finds That Terms of Old Form Policy Did Not Warrant It
An appellate court in Georgia has declined to adopt the continuous trigger theory in an environmental contamination case, finding that the terms of a 1976 excess insurance policy did not warrant it. Read More

View All Case Law Developments

Superstorm Sandy

Superstorm Sandy's Aftermath: FEMA Finds Long Beach City School District "Generally" Accounted for and Expended FEMA Public Assistance Funds Properly
The Long Beach City School District in Long Beach, New York, received a $35.5 million public assistance grant award from the New York Division of Homeland Security and Emergency Services, a Federal Emergency Management Agency grantee, for damages from Superstorm Sandy that occurred in October 2012. Now, the Office of Inspector General of the Department of Homeland Security has issued a report following its audit of the grant. Read More

In the States
QBE Insurance Settles Massachusetts Charges that It Improperly Charged for Force-Placed Insurance
An insurance company has reached an agreement with Massachusetts Attorney General Maura Healey to provide refunds to Massachusetts homeowners who, the attorney general contended, had been improperly charged for force-placed insurance policies. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "A Tough Pill to Swallow for Insurers – Seventh Circuit Finds Defense Owed for State's Prescription Drug Suit" Read More

Colonial Life Offers New Juvenile Life Insurance Plan 
Read More

The Hartford Names John Wilcox Head of Strategy and Ventures 
Read More

Autonomous Vehicles May Reduce U.S. Auto Premiums by More Than 40 Percent by 2050, According to Aon Report 
Read More

NICB: Catalytic Converter Thefts on the Rise 
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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