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TODAY'S TOP DEVELOPMENTS Thursday, September 22, 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.


"Wet Rot" Exclusion in All-Risk Policy Precluded Coverage for Rotted Roof Trusses, Michigan Appeals Court Says
An appellate court in Michigan, affirming a trial court's decision, has ruled that a "wet rot" exclusion in an all-risk insurance policy precluded coverage for damage to the insured warehouse. Read More

Homeowners Insurance
"Earth Movement" Exclusion Precluded Coverage for Loss Caused by Rockfall That Destroyed Insured Home, Utah Court Rules
Losses caused when a rockfall destroyed an insured home were excluded from insurance coverage under the policy's earth movement exclusion because the rockfall amounted to a "landslide," a federal district court in Utah has ruled. Read More

Verdicts & Settlements
Couple Settles With Driver Who Allegedly Turned Left Without Due Care
Two plaintiffs have settled a lawsuit with a driver who allegedly made a left turn in front of them without taking appropriate care. Read More

Eye on the Experts
A Tough Pill to Swallow for Insurers — Seventh Circuit Finds Defense Owed for State's Prescription Drug Suit
This Eye on the Experts article explains a recent U.S. Court of Appeals for the Seventh Circuit ruling that a general liability insurer's duty to defend suits seeking damages "because of bodily injury" was triggered when the state of West Virginia sued a pharmaceutical distributor, alleging it had contributed to an epidemic of prescription drug abuse, causing the state to spend money to care for addicted citizens. Read More

View All Case Law Developments

Federal Actions

U.S. Transportation Department Issues Federal Policy for Testing and Deployment of Automated Vehicles
The U.S. Department of Transportation has issued a federal policy for automated vehicles, laying a path for the testing and deployment of new auto technologies. Read More

In the States
New York Licenses "Peer to Peer" Insurance Company: Lemonade
Lemonade, a "peer to peer" insurance company, has been licensed by New York to sell property/casualty insurance in the state. Read More

View All Legislative/Regulatory Developments
Greenberg Traurig Adds Insurance Defense Litigator Joel Max Eads in Philadelphia  Read More

XL Catlin Uncovers Enhanced Professional Liability Insurance Policy Form for Design Professionals  
Read More

The Standard Names Liz Fouts Second Vice President and Associate Counsel in Retirement Plans and Individual Annuities  
Read More

Hiscox to Launch Collateralized Reinsurance ILS Capability  
Read More

Technology Is Driving Long-Term Transformation of Insurance Industry; Price Levels Expected to Stabilize  
Read More

View All Industry News
Misrepresentations Void Coverage


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

View Entire Summer Insurance Coverage Law Report
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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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