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TODAY'S TOP DEVELOPMENTS Monday October 13, 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.


Commercial General Liability
Insurer's Offer to Defend Insured in State Court Litigation under a Reservation of Rights Ultimately Dooms Its Federal Declaratory Judgment Action
The U.S. Court of Appeals for the Seventh Circuit, reversing a district court's decision, has ruled that an insurance company could not challenge in a federal court declaratory judgment action the decisions by an Indiana state trial court and an Indiana state appellate court denying its motion to intervene in a tort action against its insured under a reservation of rights. Read More

Terrorism Risk Insurance

Insured that Received Less than Full Payment of Loss Caused by Alleged Terrorist Bombing May Not Recover from Its Broker, Appeals Court Decides
An appellate court in New York, affirming a trial court's decision, has rejected a lawsuit brought by an insured against its broker stemming from an alleged terrorist bombing that damaged its ship. Read More

Homeowners Insurance
Whether Guns Were Antiques or Not, Coverage for Their Theft Was Limited to $5,000 in Total, California Appeals Court Rules
An appellate court in California, affirming a trial court's decision, has ruled that a $5,000 limit on coverage for theft of firearms in a homeowner's insurance policy applied to the theft of the insured's firearms, even if they were antiques that he did not shoot and that he collected for investment purposes. Read More

Environmental Liability
Second Circuit: Policy Was Not "Issued" in New York and, Therefore, Insurer Did Not Have to Show Prejudice from Late Notice
The U.S. Court of Appeals for the Second Circuit, affirming a district court's decision, has ruled that an insurance policy had not been issued in New York and, as a result, was not subject to a new state law requiring the insurer to demonstrate prejudice to be able to deny coverage on the basis of late notice. Read More

View All Case Law Developments

In the States

Mary Johnson Becomes Chief of Investigations at Missouri Department of Insurance
Mary Johnson has been appointed chief of investigations for the Missouri Department of Insurance. Read More

Insurance Fraud

N.Y. City Police Officer Charged with Felony Insurance Fraud, Including Falsely Reporting His Mercedes-Benz Stolen to Avoid Lease Payments
Jose E. Urena, a New York City police officer, has been arrested and charged with defrauding insurance companies. Read More

View All Legislative/Regulatory Developments
RSA Appoints William McDonnell as Group Chief Risk Officer Read More

Combined Insurance Names Retired U.S. Army Colonel Art Kandarian as VP of Sales for Military Markets 
Read More

Protective Life Shareholders Approve Acquisition by Dai-ichi 
Read More

Steep Increase in East Coast High-Tide Floods Expected, Scientists' Study Finds 
Read More

FC&S Legal Publishes "Experience, Expertise, and Preparation: Keys to a Successful Workers' Compensation Fraud Investigation" Read More

View All Industry News
Form Analysis
Financial Institution Kidnap/Ransom and Extortion Policy


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
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

FC&S Legal: The Insurance Coverage Law Information Center

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