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TODAY'S TOP DEVELOPMENTS Thursday, October 17, 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
Total Pollution Exclusion Bars Coverage of "Chinese Drywall" Suit against Contractor, Court Rules
A total pollution exclusion endorsement in a commercial general liability insurance policy negated an insurance carrier's obligation to defend or indemnify a contractor sued in a "Chinese drywall" case. Read More


Standard Flood Insurance Policy Precludes Insured's Misrepresentation Suit against Agent, Court Rules
A federal district court in Connecticut has denied a homeowner's attempt to sue the insurance agent who sold him a standard flood insurance policy ("SFIP") for misrepresentation, ruling that the homeowner was “charged with the knowledge of the terms and conditions of his coverage under his SFIP," and that any claim against the agent alone was "futile". Read More

Automobile Insurance
Failure to Identify Second Defendant as the Plaintiff's Insurer Did Not Require a New Trial, Appellate Court Holds
Reversing a trial court's decision granting the plaintiff's motion for a new trial, a Pennsylvania appellate court has decided that the failure to identify the plaintiff's insurance company as one of two defendants did not, by itself, require a new trial. Read More

Life Insurance
Court Upholds Intoxication Exclusion, But Finds Questions of Fact as to Whether Insured's Death Resulted from His Intoxication
A federal district court in Louisiana has upheld the enforceability of an intoxication exclusion in a life insurance policy, but ruled that there were genuine issues of material fact regarding whether the insured's death had resulted, directly or indirectly, from his intoxication. Read More

View All Case Law Developments

Alternative Risk and Captives

New York's Red Apple Forms Connecticut Captive
The corporate owner of one of the largest grocery store chains in Manhattan is setting up its captive insurance subsidiary in Connecticut. Read More

Commercial Auto

Felon Sentenced to up to Six Years for Fraudulently Obtaining Tens of Thousands of Dollars in Commercial Insurance Policies
Two-time convicted felon Raja Ishtiaq has been sentenced for his role in a massive scheme to illegally obtain commercial car insurance policies and New York City Taxi and Limousine Commission licenses, according to New York State Attorney General Eric T. Schneiderman. Read More

View All Legislative/Regulatory Developments
Study Finds One Home Insurance Claim May Raise Premium by up to 21 Percent Read More

Safe Deposit Box Insurance Now Available in Florida, Massachusetts, and Louisiana
Read More

Insurance Sold Through Digital Channels Such as Google and Amazon Could Reach €25 Billion Annually in Europe, According to Accenture Study
Read More

Rate Survey Indicates Medical Malpractice Insurance Premiums Still Shrinking, with Revenue Outpacing Claims Expenses
Read More

Zurich's Dan Riordan Named President of Berne Union
Read More

View All Industry News

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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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