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TODAY'S TOP DEVELOPMENTS Tuesday, October 29, 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.


Directors & Officers
"In Any Way Involving" - First Circuit Confirms Breadth of "Known Circumstances" Exclusion
The U.S. Court of Appeals for the First Circuit has affirmed a district court's decision that a directors and officers policy's "Known Circumstances Exclusion" barred coverage for losses suffered by an insured school in a lawsuit over a $500,000 gift. Read More

Commercial General Liability

"Pollution" - Exclusion Bars Coverage of Suit Against Insured Seeking to Recover for "Pollution and Contamination" of the Environment
A federal district court in Oklahoma has granted summary judgment in favor of an insurance carrier, finding that a lawsuit against its insured seeking to recover "for the pollution and contamination of the environment" was barred by pollution exclusions in a commercial general liability insurance policy and an umbrella insurance policy. Read More

Attorney's Fees
"Incurs" - That Insurer Covered Litigation Expenses Did Not Mean that Insured Failed to Incur Them, Maryland's Highest Court Decides
Maryland's highest court, the Maryland Court of Appeals, has ruled that regardless of whether a litigant paid its attorney's fees or the fees were covered and paid pursuant to an insurance policy, attorney's fees and litigation expenses were "incurred" within the meaning of Maryland Rule 1-341 when the litigant became subject to, or liable for, the services and expenses. Read More

Homeowners Insurance
"Arising Out Of" - No Ambiguity in a Case of "No Dog, No Accident," Appellate Court Finds
A Florida appellate court has reversed a trial court's decision and has ruled that an "unusual" accident involving a neighbor's dog being walked on a leash by the insured was one "arising out of" the care or custody of an animal the insured did not own, and thus the claim against the insured was excluded from coverage. Read More

View All Case Law Developments


Massachusetts Proposes Legislation Limiting Amount of Mandatory Flood Insurance for Homeowners
Massachusetts Attorney General Martha Coakley and House Speaker Robert DeLeo have filed legislation to cap the amount of flood insurance mortgage lenders may require of homeowners. Read More

Alternative Risk and Captives

North Carolina Enters the Captive Insurance Market
North Carolina Insurance Commissioner Wayne Goodwin has announced that the state is open for business as a domicile for captive insurance compa. Read More

View All Legislative/Regulatory Developments
FC&S Legal Director Steven Meyerowitz in New York Times Promoting Law Journals Read More

Scott Machut Becomes President of Reinsurance Division at Munich Health North America
Read More

PBGC Appoints Constance Donovan as Participant and Plan Sponsor Advocate
Read More

International Insurers Planning for Mergers and Acquisitions, Survey Finds
Read More

Willis Launches Global 360 for Specialty Clients
Read More

View All Industry News

Bases of Liability Premium


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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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