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TODAY'S TOP DEVELOPMENTS Tuesday, October 1, 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.


Commercial Property
Bad Faith: California Appeals Court Upholds $3,696,414 Arbitration Award Against Insurer
A California appellate court has affirmed a trial court's decision confirming an arbitrator's $3,696,414 award in favor of an insured in a bad faith dispute. Read More

Commercial General Liability

Insurer Obligated to Defend Insured Notwithstanding Policy's SIR Provision
A California appellate court has affirmed a trial court's decision that an insurance carrier was obligated to defend its insured notwithstanding its policy's $250,000 self-insured retention ("SIR") where the SIR did not expressly make the insured's payment of the SIR a condition of the insurer's obligation to provide a defense when an arguably covered claim was tendered. Read More

Homeowners Insurance
No Coverage for Insured Who Shot a Person with His .40 Caliber Glock
A federal district court in Alabama has ruled that a homeowner's insurance carrier was not obligated to defend or indemnify an insured who shot a person with his .40 caliber Glock, ruling that the shooting was not an "accident." Read More

Automobile Insurance
Insured Who Failed to Prove that Bumper Fell from Vehicle Sees Her Judgment Reversed in Hit-and-Run Uninsured Motorist Case
An Illinois appellate court has reversed a trial court's decision in favor of an insured in a hit-and-run uninsured motorist insurance coverage case, finding that the insured had failed to demonstrate that a bumper in the road that she hit had fallen from a hit-and-run vehicle. Read More

View All Case Law Developments


Mississippi Insurance Department Sues Federal Government to Stop Flood Program Rate Increases
The Mississippi Insurance Department has filed a 36 page complaint against the U.S. Department of Homeland Security, the Federal Emergency Management Agency, and their administrators to try and stop the rate increases proposed for the National Flood Insurance Program. Read More

Health Insurance

Four Insurers Settle Allegations of Overcharging Seniors on Insurance Policies
Four insurance carriers have reached a settlement with New York regulators under which the insurers will pay $2.2 million in restitution to 3,475 New York seniors from across the state to resolve allegations that they overcharged them on insurance policies in violation of New York law. Read More

View All Legislative/Regulatory Developments
Allied World U.S. Launches New Independent Directors' Liability Insurance Read More

Consumers Confused, Overwhelmed by Their Insurance Policies, According to Nationwide Insurance Survey 
Read More

The Hartford Announces Three Year Extension of AARP Home and Auto Insurance Program 
Read More

Daniel MacLean to Join Strategic Risk Solutions 
Read More

Bank of England Governor Mark Carney Elected as First Vice-Chair of European Systemic Risk Board 
Read More

View All Industry News

Insurable Interest in Stolen Autos October, 2013


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

View Entire October/November Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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