Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Monday, October 12, 2015

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.


Exclusion Barred Coverage for Madoff Losses, N.Y. Appeals Court Rules
An appellate court in New York, reversing a trial court's decision, has ruled that exclusion x in financial institution bonds barred coverage of losses suffered in the Madoff Ponzi scheme. Read More

Commercial General Liability
Illinois Appeals Court Finds that Pollution Exclusion Did Not Bar Coverage for Mold-Related Injuries
An appellate court in Illinois, applying Texas law, has ruled that coverage for mold-related injuries was not excluded by a "pollution and health hazard" exclusion when the exclusion did not list mold in clear and unambiguous language.  Read More

Automobile Insurance
Insureds' Same-Sex Relationship Was Irrelevant to Issue of Whether One Named Insured's Election Bound Other Named Insured, Third Circuit Rules
The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the Eastern District of Pennsylvania, has ruled that the insureds' same-sex relationship was "not relevant" to the issue of whether one named insured was bound by the election of another named insured on the same car insurance policy.  Read More

Personal Watercraft
Failure to Disclose that Household Member Had Prior Felony Conviction for Attempted Murder Voided Policy
An appellate court in Arkansas, affirming a trial court's decision, has ruled that a material misrepresentation made on an insurance application – that a member of the insured's household had not been convicted of a felony when he had a prior conviction for attempted murder – where that misrepresentation was relied on by the insurance company, voided the policy.  Read More

View All Case Law Developments

In the States

Delaware Joins Anti-Price Optimization Bandwagon
Now, the Delaware Insurance Department is warning property and casualty insurers writing personal lines policies in Delaware against using price optimization. Read More

Eye on the Experts
2015 Excess and Surplus Lines Laws: Florida
This Eye on the Experts article is taken from the 2015 Excess and Surplus Lines Laws in the United States Manual, which reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during the past year including a special section on the Non-Admitted and Reinsurance Reform Act ("NRRA") and the steps surplus lines carriers and brokers should be taking now to ensure compliance with this groundbreaking legislation. This section of the Excess and Surplus Lines Laws Manual sets forth a summary of the surplus lines eligibility and filing requirements for Florida. Read More

View All Legislative/Regulatory Developments
Assurant Completes $14 Million Sale of Self-Funded Health Insurance Business Lines to National General Holdings  Read More

One in Four Americans Has Been the Victim of a Data Breach or Cyber Attack, Travelers Reports  
Read More

Insurance Litigator James Fitzgerald Joins Akin Gump from Stroock 
Read More

Former Gardere Insurance Coverage Attorneys Stephen Moll and Jim Cooper join Reed Smith as Partners in Houston 
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Connecticut" 
Read More

View All Industry News
ISO Form
DL 98 01 02 15


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

View Entire Septmeber/October 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
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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
Copyright ©2015 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018