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TODAY'S TOP DEVELOPMENTS Friday, October 18, 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
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

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

Automobile Insurance
Declaring that Illinois Law Eliminated Insurance Agent-Broker Dichotomy, Appellate Court Finds that Both Agents and Brokers Owe Insureds a Duty of Care
An Illinois appellate court has reversed a trial court's decision dismissing an action against an insurance agent on the ground that agents do not owe insureds a duty of care, finding that under Section 2–2201 of the Illinois Insurance Placement Liability Act, the insurance agent-broker dichotomy no longer exists in Illinois for purposes of determining the duty of care. Read More

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

View All Case Law Developments

Directors & Officers

FDIC Warns Banks about Increase in D&O Exclusions
The Federal Deposit Insurance Corporation has issued an advisory statement on director and officer liability insurance policies, exclusions, and indemnification for civil money penalties. 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
Vice Chairman David Nadler to Retire from Marsh & McLennan Companies Read More

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

Lou Gehrig Becomes Senior Vice President of Ascot Underwriting
Read More

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

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

View All Industry News

Bodily Injury Caused by Chlorine Fumes and the CGL Policy


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
[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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