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TODAY'S TOP DEVELOPMENTS Friday, October 11, 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 General Liability
Insurer Has No Duty to Defend or Indemnify Insureds Where Suit Sought Injunctive Relief But No Compensatory Damages, California Appeals Court Holds
A California court of appeal has held that when an insurance company issues a liability policy, agreeing to indemnify its insured against a third party claim for damages covered under the policy and to defend the insured against any such claim, the insurer does not have a duty to defend the insured against a third party lawsuit seeking injunctive relief but no compensatory damages. 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

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

Homeowners Coverage
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

View All Case Law Developments

Homeowners Insurance

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

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
Julia Graham of DLA Piper Elected President of the Federation of European Risk Management Associations  Read More

Alan J. Rosenberg Joins The Willis Law Group as a Partner 
Read More

B&B Protector Plans and Aspen US Insurance Partner for Lawyers Professional Liability 
Read More

ACE Makes Executive Appointments in its Programs Business 
Read More

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

View All Industry News

Damage to Chiller Not a Completed Operations Claim October, 2013


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

View Entire October/November 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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