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TODAY'S TOP DEVELOPMENTS Tuesday, September 16, 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.


Law Enforcement Coverage
Commencement of Alleged Malicious Prosecution, Not Its Termination in Favor of Accused, Triggers Coverage under City's Policy, Illinois Appeals Court Rules
An appellate court in Illinois, affirming a trial court's decision, has ruled that a claim for malicious prosecution against a city and its police officer triggered coverage under an insurance policy issued to the city when the alleged malicious prosecution commenced, not at the later point when the prosecution was terminated in favor of the accused. Read More

Attorney's Fees

Insurer Must Cover Sanctions Imposed on Insured for Intentional Misrepresentations He Made During Discovery
An appellate court in Florida, affirming a trial court's decision, has ruled that an automobile insurance company was responsible for a sanctions judgment rendered against its insured for intentional misrepresentations made by the insured during pretrial discovery in a personal injury lawsuit in which the insured was the defendant. Read More

Attorney's Fees
Insurer's Failure to Notify Litigant of Its Disclaimer Leads Court to Order Insurer to Pay Attorneys' Fees and Litigation Costs
An intermediate appellate court in New York, affirming a trial court's decision, has ruled that an insurance company that failed to inform the plaintiff in a personal injury action against its insured that it was disclaiming coverage of its insured in the action was obligated to reimburse the plaintiff for attorneys' fees and litigation costs incurred in the underlying action. Read More

Automobile Insurance
Appeals Court Confirms SUM Coverage for Temporary Substitute Car
An appellate court in New York, affirming a trial court's decision, has ruled that an automobile insurance carrier was obligated to provide supplementary uninsured/underinsured motorist coverage to a driver injured in a temporary substitute car in the absence of any exclusion. Read More

View All Case Law Developments

In the States

Senior Employees at Citizens Property Did Not Violate Ethics Rules, Inspector General Finds
A review by the inspector general of Florida's Citizens Property Insurance Corporation has found no violations of state ethics laws or company policy by three senior management employees following their separation from Citizens to take jobs in the private market. Read More

In the States

Texas Lieutenant Governor Suggests Possibility of Phasing Out Texas Windstorm Insurance Association
Texas Lieutenant Governor David Dewhurst has suggested that state legislators consider the possibility of phasing out the Texas Windstorm Insurance Association. Read More

View All Legislative/Regulatory Developments
Swiss Re Corporate Solutions Names Andrew Lake Head of Accident and Health North America  Read More

BusinessFirst Insurance Company Now Offering Workers' Compensation Insurance Coverage in South Carolina  
Read More

Liberty International Underwriters Hires Excess Casualty Executives  
Read More

Mikki K. Williams and Bruce Pichon Join XL Group's West Coast Marine Team  
Read More

Ironshore International Offers Property Coverage to M&A Insurance Lines Read More

View All Industry News
Form Analysis
Business Auto Form—Physical Damage Coverage


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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