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TODAY'S TOP DEVELOPMENTS Wednesday October 1, 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.


Automobile Insurance
"Resident Exclusion" Violated State Insurance Law, California Appellate Court Rules in Case of First Impression
In a case of first impression, an appellate court in California has ruled that an automobile insurance policy's "resident exclusion" violated California insurance law and public policy and was not enforceable. Read More


Federally-Insured Lender May Demand Flood Insurance in an Amount Equal to Replacement Cost, Ohio District Court Decides
A federal district court in Ohio has ruled that a federally-insured lender could demand flood insurance coverage in an amount equal to replacement cost even though that exceeded the coverage required by federal law and even though that exceeded the mortgage amount. Read More

Employee Benefits
Oh Skylark, Have You Any Employees At All? Not to Insure, Minnesota Court Rules
A Minnesota state court has ruled that workers hired by the Skylark Opera for four performances per year were independent contractors and that the opera had no obligation to insure them under the state's unemployment insurance law. Read More

Homeowners Insurance
Intentional Acts Exclusion Can Bar Coverage for Fire Set by Insane Insured
A federal district court in Florida has ruled that, under Florida law, an intentional acts exclusion in a homeowners insurance policy could bar coverage for damages resulting from a fire intentionally set by an insane insured if, at the time, he understood the physical nature and consequences of his actions. Read More

View All Case Law Developments

Automobile Insurance

Minnesota Sues Texas Auto Warranty Company
Minnesota Attorney General Lori Swanson has sued Enterprise Financial Group, Inc., a Texas company that issues extended auto warranties, alleging that it has delayed issuing refunds owed to Minnesota consumers and failed to follow Minnesota law. Read More

In the States

New California Law Limits Disclosure of Insurer Data
Assembly Bill 1234, which precludes the California Department of Insurance ("DOI") from being forced to provide sensitive financial data obtained in regulatory examinations of insurance holding companies and which prohibits confidential information provided to the DOI from being admitted into evidence in a civil proceeding, has been signed into law by California Governor Edmund G. Brown Jr. Read More

View All Legislative/Regulatory Developments
Tom Welch to Retire as Grange President and CEO; Board Elects John Ammendola as Successor Read More

Consumer Federation Report Cites High Auto Insurance Costs to Low Income Drivers; NAMIC Deems Study "Hard to Take Seriously" 
Read More

Jay E. Smelser Joins XL Group's North America Property Business in Dallas 
Read More

Penn Mutual Life Updates its Guaranteed Protection Universal Life Product 
Read More

Liberty Mutual Appoints C. Wesley Sellers Southeast Division Manager for Property Read More

View All Industry News
Q & A
Depreciation and ACV


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View Entire October/November 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

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