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TODAY'S TOP DEVELOPMENTS Wednesday, October 2, 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.


Professional Liability Insurance
Appeals Court Upholds Denial of Law Firm's Bid to Dismiss Malpractice Suit Alleging it Failed to Investigate and Notify Client of Available Insurance
An appellate court in New York has affirmed a trial court's decision denying a law firm's motion to dismiss a legal malpractice action against it based on the firm's alleged failure to investigate and notify its client of available insurance. Read More

Life Insurance

Court Dismisses Company's Claim against Insurer under Variable Universal Life Insurance Policies for Madoff Losses
A federal district court in New York has dismissed an employer's claims against an insurance company under a number of variable universal life insurance policies the employer had purchased for losses it sustained as a result of its investment's exposure to Bernard Madoff's massive Ponzi scheme. Read More

Potential Subrogation Defendant May Not Seek Declaratory Relief, Alabama Supreme Court Holds
The Alabama Supreme Court has ruled that a potential defendant in a subrogation action may not bring an action seeking a declaration that the insurer had no claim against it. Read More

Policy's "Code" Exclusion Bars Coverage for Mandatory Post-Fire Asbestos Remediation, New York Appellate Court Decides
An appellate court in New York has affirmed a trial court's decision that an insurance policy's exclusion for losses or increased costs resulting from enforcement of "any code" barred coverage for costs associated with mandatory asbestos remediation of a building following a fire. Read More

View All Case Law Developments


Criticizing "Unfair Gap in Insurance Coverage," New York to Compensate Homeowners for "Earth Movement" Damage Due to Storms Irene, Lee, and Sandy
The New York State Housing Recovery Program has announced that it will "fully compensate" homeowners affected by Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy for the repair costs of damage to their homes due to "earth movement." Read More

In the States

Florida Regulator Joins AAIS as VP of Government Affairs
Florida's insurance consumer advocate, Robin Westcott, is leaving that position to become vice president of government affairs for the American Association of Insurance Services. Read More

View All Legislative/Regulatory Developments
Christian Thimann, Counselor to European Central Bank President Mario Draghi, Joins AXA Read More

Future of Life Insurance in Europe under Threat as Low Yields Drive Riskier Strategies, According to New Report from Linklaters 
Read More

Liberty International Underwriters Launches New Product Recall Policy for Packagers and Co-Packers 
Read More

Philadelphia Insurance Companies Names New Senior Vice President of Field Underwriting 
Read More

MetLife and BIDV Sign Agree to Form a Life Insurance Company in Vietnam 
Read More

View All Industry News

Pest Control Services 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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