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TODAY'S TOP DEVELOPMENTS Monday October 27, 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
Total Pollution Exclusion Bars Coverage for Claims Alleging Damage from Use of Fly Ash in Construction of Golf Course, Tenth Circuit Rules
The U.S. Court of Appeals for the Tenth Circuit, applying Utah Law, has affirmed a district court decision and ruled that claims against an insured construction company stemming from its alleged use of fly ash in the construction of a golf course were barred from coverage by the total pollution exclusions in various commercial general liability insurance policies. Read More

Homeowners Insurance

Florida Appeals Court Issues 5 Decisions on the Same Day Involving Homeowners, Sinkholes, and Appraisal. What Can We Take from Them?
An appellate court in Florida issued five decisions on October 17, 2014 involving appeals by the Florida Insurance Guaranty Association relating to appraisal rights in connection with sinkhole claims filed by homeowners. The bottom line… Read More

Health Insurance
Court Upholds N.Y.'s Cut to Its Contributions for Retired State Employee Health Insurance Premiums
An intermediate appellate court in New York, affirming a trial court's decision, has upheld the validity of a state law and regulations cutting the state's contributions for retired state employee health insurance premiums. Read More

Employee Benefits
"Normal Retirement Age" of 65 Dooms Widow's Claim to Life Insurance Proceeds Where Her Disabled Husband Died at 66
The U.S. Court of Appeals for the Eleventh Circuit, affirming a district court's decision, has ruled that a widow was not entitled to life insurance benefits following the death of her disabled husband at age 66 – past the plan's "normal retirement age" of 65. Read More

View All Case Law Developments

Insurance Fraud

Proposed EU Data Protection Rules Could Hinder Fight Against Insurance Fraud, Warns Insurance Europe
Insurance Europe, the European insurance and reinsurance federation, has issued a statement warning that the European Union Data Protection Regulation currently being discussed by the EU institutions "has the potential to hinder the fight against insurance fraud. Read More

Insurance Fraud

Prosecutors Charge Nonprofit Executives – Father and Son – with Participating in Insurance Fraud and Kickback Schemes
The top two executives of Narco Freedom, a nonprofit organization that provides treatment for substance abuse to tens of thousands of New York City residents at 10 locations in Brooklyn, Queens, and the Bronx, have been indicted. Read More

View All Legislative/Regulatory Developments
Marsh to Acquire Torrent Technologies, Enhancing Its Flood Insurance Capabilities Read More

XL Group Adds Underwriters Sean Donahue, Elissa Doroff, and Richard Schulz to New Cyber and Technology Insurance Team in New York 
Read More

Former Mayer Brown Attorney Vikram Sidhu Joins Clyde & Co as a Partner 
Read More

Starr Companies Launches Cyber Insurance Product 
Read More

Western World Insurance Group President and CEO Thomas F. Mulligan to Retire; Robert J. Livingston to Assume His Role Read More

View All Industry News
Lava Flow and Earthquake Exclusion


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

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