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TODAY'S TOP DEVELOPMENTS Friday October 17, 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

Automobile Insurance

Waiver of UM/UIM Coverage by One Named Insured Does Not Necessarily Bind Other Named Insureds, Colorado Appeals Court Holds
An appellate court in Colorado, reversing a trial court's decision, has ruled that a waiver by one named insured on an automobile liability insurance policy of coverage for bodily injury damages caused by uninsured or underinsured motorists bound other named insureds on the same policy only if the others "expressly authorized such a decision." Read More

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 General Liability
In Decades-Old Asbestos Coverage Dispute, Third Circuit Rejects Insured's Contention that Insurer Was Equitably Bound to Arbitrate
The U.S. Court of Appeals for the Third Circuit, reversing a Delaware district court's decision in a decades-old asbestos coverage dispute, has rejected the insured's effort to rely on equitable estoppel to compel an insurance company to arbitrate where it had not signed an agreement containing an arbitration clause that other insurance companies had signed. Read More

View All Case Law Developments

Homeowners Insurance

Florida's Citizens Property to End Assessments Two Years Early
Assessments of Florida property insurance policyholders to repay bonds issued following the 2004-2005 hurricane seasons will end two years early under a recommendation that has been approved by the Citizens Property Insurance Corporation's board of governors. 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
Satisfaction with Insurance Claims Settlements Not Enough to Keep Customers Loyal, According to Accenture Surve Read More

Former Stroock Special Counsel Royce F. Cohen Joins Tressler as a Reinsurance and Litigation Partner in New York 
Read More

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

Assurant Health President and CEO Adam Lamnin to Expand Responsibilities with Retirement of Assurant Employee Benefits President and CEO John Roberts 
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
AAIS Businessowners Forms


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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