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TODAY'S TOP DEVELOPMENTS Monday, October 14, 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
"Consumption Exception" to "Fungi or Bacteria Exclusion" Does Not Include Enjoyment and Observation of Art, Appeals Court Rules
An appellate court in Wisconsin has ruled that a "Consumption Exception" to a "Fungi or Bacteria Exclusion" included in insurance policies did not encompass a decorative water fountain such that the exception reinstated coverage because the fountain was not "a good or product intended for consumption." Read More

Commercial General Liability

Employee Benefit Liability Endorsement Covers Only Negligent Acts with a Nexus to Administering Employee Benefits, California Appeals Court Rules
A California appellate court has affirmed a trial court's decision in favor of an insurer, finding that an "Employee Benefit Liability" endorsement to a commercial general liability insurance policy covered only negligent acts with a nexus to administering employee benefits and, therefore, there was no coverage for claims based on the alleged employment practice of wage-setting, even if that had an effect on the calculation of benefits based on the rate of wages. Read More

Commercial General Liability
School Board's Purchase of Insurance for Damages Exceeding $1 Million Did Not Waive Its Governmental Immunity, North Carolina Appellate Court Rules
A North Carolina appellate court has affirmed a trial court's decision and has ruled that a school board's purchase of insurance for damages in excess of $1 million did not constitute a waiver of governmental immunity. Therefore, it upheld the trial court's dismissal of a complaint against the board. Read More

Automobile Insurance
Divided Alabama Supreme Court Upholds Decision Refusing to Dismiss Bad Faith Claim against Insurer
By a 5-3 vote, a divided Alabama Supreme Court has affirmed a trial court's decision refusing to dismiss a bad faith claim against an insurance carrier for lack of subject matter jurisdiction. The decision suggests a possible change in Alabama jurisprudence. Read More

View All Case Law Developments

In the States

International Insurance Supervisors Commit to Global Insurance Capital Standard by 2016; U.S. Group Responds
The International Association of Insurance Supervisors has announced a plan to develop a risk based global insurance capital standard by 2016. Read More

Homeowners Insurance

American Security and Assurant Reach "Force-Placed" Insurance Settlement with Florida
Two "lender-placed" or "force-placed" insurance carriers in Florida have reached consent agreements with Florida's Office of Insurance Regulation. Read More

View All Legislative/Regulatory Developments
Aspen Re Appoints Michael Dicker as Global Head of Agriculture Reinsurance Read More

Lou Gehrig Becomes Senior Vice President of Ascot Underwriting
Read More

Aetna Appoints Sandra Callahan to Lead Group Insurance Business
Read More

Heavy Equipment Thefts Decline Seven Percent from 2011, 19 Percent Since 2008, NICB Reports
Read More

Munich Re Appoints Bernhard Kaufmann as Group Chief Risk Officer
Read More

View All Industry News

Insurable Interest in Stolen Autos


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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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