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TODAY'S TOP DEVELOPMENTS Tuesday, October 15, 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
In Matter of First Impression, Delaware Court Finds Total Pollution Exclusion Applies to Bodily Injuries Allegedly Resulting from Residential Lead-Based Paint Exposure
A Delaware trial court has ruled, for the first time, that the total pollution exclusion applies to exclude coverage for a case alleging bodily injuries resulting from residential lead-based paint exposure. Read More

Homeowners Insurance

Exclusion's "Arising Out of a Premises" Language Means Arising Out of a "Condition" of the Premises, First Circuit Rules
The U.S. Court of Appeals for the First Circuit has ruled that an exclusion for injuries "[a]rising out of a premises" owned by an insured but not itself an "insured location" barred coverage for injuries only where an occurrence arose out of a "condition" of the premises. Read More

Trial Strategy
What Makes a "Pretrial Settlement Offer" in an Insurance Coverage Case?
There are many reasons for policyholders and insurance carriers to make a pretrial settlement offer in an insurance coverage case. But what makes a pretrial settlement offer? A recent decision by the California Court of Appeal offers some guidance. Read More

Workers Compensation
Woman Injured While Helping Co-Worker Move Box of Maternity Clothes is Not Entitled to Workers Comp Benefits, West Virginia's Top Court Decides
The Supreme Court of Appeals of West Virginia has affirmed a decision by the state's workers compensation board of review denying a secretary's claim for benefits after she allegedly was injured while helping a co-worker move a box of maternity clothes on the ground that her injury did not "result from" her employment. Read More

View All Case Law Developments

Professional Liability

185 U.K. Law Firms Apply for Extended Cover
A total of 185 law firms have applied to the Solicitors Regulation Authority, the independent regulatory body of the Law Society of England and Wales, for the extended indemnity period of insurance, having failed to secure cover by October 1, 2013. Read More


Federal Banking Agencies Propose Flood Insurance Rule
Five federal regulatory agencies have issued a joint notice of proposed rulemaking to amend regulations pertaining to loans secured by property located in special flood hazard areas. Read More

View All Legislative/Regulatory Developments
Assurant's Jeanne Schwartz a Finalist for 2013 Platts Global Energy's Rising Star Award for Developing Solar Insurance Solution Read More

Eileen McDonnell and Elizabeth Heck are Honored by State of Israel Bonds Insurance Division
Read More

Aviva Appoints Patricia Cross as Non-Executive Director
Read More

Ironshore Appoints Michael E. Morrill to its Board of Directors
Read More

Western Heritage Insurance Names Kathy Szur Senior Director of Programs
Read More

View All Industry News

Driver Not Listed on Policy of Insured


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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