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TODAY'S TOP DEVELOPMENTS Wednesday October 15, 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.


Bank's Refund to Customer, Pursuant to State Law, for Unauthorized Wire Transfers Was Not a "Voluntary" Payment Under Its Insurance Policy, Pennsylvania District Court Decides
The U.S. District Court for the Western District of Pennsylvania has ruled that a refund made by a bank as required by Pennsylvania law to a customer for unauthorized wire transfers was not a voluntary payment for purposes of the bank's insurance policy and, therefore, did not implicate the policy's "Defense and Settlement" provision to bar coverage of the bank's claim under its policy. Read More

Commercial Auto

Underlying Plaintiff Did Not Have Standing to Bring Negligent Procurement Claim Against Insurance Agent, Federal District Court in Ohio Rules
A federal district court in Ohio has ruled that, under Ohio law, an underlying plaintiff did not have standing to bring a negligent procurement claim against the insurance agent who had obtained an insurance policy for the defendant insured in the underlying action. Read More

Commercial General Liability
Eighth Circuit, Applying "Dual Purpose" Test under Missouri Law, Finds that LLC's Managing Member Had Not Been Using Non-Owned Auto in the Course of LLC's Business
The U.S. Court of Appeals for the Eighth Circuit, reversing a Missouri federal district court's decision and applying a "dual purpose" test, has ruled that a managing member of a limited liability company had not been using a "non-owned" auto "in the course of" the LLC's business, and that, accordingly, there was no coverage for claims brought against the LLC arising from an auto accident involving the auto. Read More

Commercial General Liability
Mortgagees' Full Credit Bid at Foreclosure Sale under Their Second Deed of Trust Precluded Their Insurance Claim for Pre-Foreclosure Damages, California Appeals Court Rules
An appellate court in California has ruled that mortgagees who made a full credit bid at a foreclosure sale under their second deed of trust could not make a claim on insurance proceeds for pre-foreclosure damage to the property. Read More

View All Case Law Developments

Federal Actions

SEC Charges Four Insurance Agents with Securities Fraud for Allegedly Targeting Elderly Investors
Four insurance agents have been charged by the Securities and Exchange Commission for unlawfully selling securities in what the SEC alleged was a multi-million dollar offering fraud targeting elderly investors. Read More

Health Insurance

Jeffrey M. Kissel Named Executive Director of Hawaii's Health Insurance Marketplace
The Hawaii Health Connector board of directors has chosen Jeffrey M. Kissel as the new executive director of the state's health insurance marketplace – the marketplace's third executive director in the past year. Read More

View All Legislative/Regulatory Developments
Satisfaction with Insurance Claims Settlements Not Enough to Keep Customers Loyal, According to Accenture Survey Read More

Amlin Appoints Louis de Segonzac to Head Its New Miami Reinsurance Office 
Read More

Advisen Names Bill Keogh CEO 
Read More

Feds Find "Serious Deficiencies" in Coverage under Medicare Health Insurance Plans, NY Times Reports 
Read More

Next Major San Francisco Earthquake Could Result in Over $200 Billion in Losses, RMS Says Read More

View All Industry News
Form Analysis
The Business Income Report/Worksheet—Step by Step


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
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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