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TODAY'S TOP DEVELOPMENTS Wednesday, September 18, 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.


"Physical Contact" Does Not Require "Touching," California Appeals Court Holds
A California appellate court has ruled that the term "physical contact" in an assault or battery exclusion did not require actual body-to-body touching but also included striking another through an intermediary object. Read More

Homeowners Insurance

Although Insurers Were Not Parties to Arbitration Agreement Signed by Bank's Borrower, Court Grants Their Motion to Arbitrate Claims in His Action Over Force-Placed Insurance
A federal district court in Colorado granted a bank's motion to arbitrate its borrower's claims against the bank in his force-placed insurance action based on an arbitration agreement the borrower signed with the bank – and it granted the motion by insurers to arbitrate the borrower’s claims against them, even though they were not parties to the arbitration agreement. Read More

Trial Strategy
Calculating the Time to Appeal after Dismissal of the Final Insurer from an Action
The date of a "final judgment" in an insurance coverage case can have significant ramifications for the timing of a notice of appeal. Importantly, there even may be situations when the date of a final judgment in a docket entry is not the date of the final judgment for purposes of determining the timeliness of an appeal, as a decision by the Maryland Court of Appeals has made clear. Read More

Business Income
Policy Did Not Require Owner of Vandalized Property to Have Existing Tenant to Be Able to Recover Lost Rent, California Appeals Court Rules
Finding an insurance policy's lost rents provision to be ambiguous, a California appellate court has ruled that the policy did not require that a vandalized building had an existing tenant for the owner to be able to recover lost rent. Read More

View All Case Law Developments

Automobile Insurance

California Tackles the "Swoop-and-Squat" Collision
California Insurance Commissioner Dave Jones and Los Angeles District Attorney Jackie Lacey are warning drivers to be alert for staged auto collisions that target innocent drivers, known as the "swoop-and-squat" collision. Read More

Federal Actions

Multi-State Licensing Gets Closer as House Passes National Association of Registered Agents and Brokers Reform Act
The House of Representatives has passed the "National Association of Registered Agents and Brokers Reform Act of 2013," bringing multi-state licensing a step closer to fruition. Read More

View All Legislative/Regulatory Developments
Selective Insurance Group Names John Marchioni President and Chief Operating Officer Read More

Antonio C. Albanese Is Named VP of Surety at Freedom Specialty Insurance
Read More

Law Firm Hagens Berman Challenges Wells Fargo Forced-Place Insurance
Read More

Berkshire Hathaway Specialty Insurance Names Todd M. Greeley as Vice President for Executive and Professional Liability Claims
Read More

Zurich Insurance Appoints Tom de Swaan as Chairman and Fred Kindle as Vice-Chairman
Read More

View All Industry News

Faulty Construction and Ensuing Damage


Browse our entire library of over 2,500 insurance resources and forms.

View Entire September Insurance Coverage Law Report
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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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