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TODAY'S TOP DEVELOPMENTS Wednesday October 29, 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.


Personal Watercraft
"Family Member" Exclusion Found Ambiguous with Respect to Third Party's Contribution Claim
A federal district court in New York has ruled that a "family member" exclusion in a marine insurance policy did not exclude coverage for a third-party claim for contribution against the insured plaintiff that arose from a suit for injuries sustained by the insured plaintiff's wife during a boating accident. Read More

Terrorism Risk Insurance

TRIA Did Not Permit Plaintiffs to Enforce Judgment against North Korea by Attaching Blocked EFTs, Second Circuit Rules
The U.S. Court of Appeals for the Second Circuit, affirming a district court's decision, has ruled that Section 201 of the Terrorism Risk Insurance Act of 2002 ("TRIA") did not permit plaintiffs to enforce their judgment against the Democratic People's Republic of Korea ("North Korea") by attaching electronic fund transfers ("EFTs") blocked in United States banks pursuant to the sanctions regimes imposed upon North Korea by the U.S. government where the U.S. State Department had revoked North Korea's designation as a state sponsor of terrorism prior to the entry of the underlying judgment. Read More

Professional Liability Insurance
Legal Malpractice Action Was Not Necessarily Barred by Client's Failure to Appeal Underlying Action, New York's Top Court Rules
In a case of first impression, New York's highest court, the New York Court of Appeals, has ruled that a client's failure to pursue an appeal in an underlying action barred the client's ability to maintain a legal malpractice action only where the client was likely to have succeeded on the appeal in the underlying action. Read More

Environmental Liability
N.Y. Court Uses "Pro Rata Time on the Risk Allocation" to Determine Insurer's Indemnification Obligations with Respect to Environmental Damage Occurring Over Many Years
A New York trial court has ruled that a "pro rata time on the risk allocation" should be used to determine an insurer's indemnification obligations with respect to environmental damage that took place over many years at two sites in New York. Its decision also set forth the factual issues that needed to be resolved, and the parties' burden of proof, before the exact allocation could be finalized. Read More

View All Case Law Developments


IAIS Develops Basic Capital Requirements for Global Systemically Important Insurers
The International Association of Insurance Supervisors has concluded development of the first-ever global insurance capital standard — Basic Capital Requirements for global systemically important insurers. Read More

Insurance Fraud

Dermatologist Convicted of Cheating Private Insurers and Medicare of $2.6 Million
An Illinois dermatologist has been convicted of defrauding private health insurers and Medicare by submitting false claims for more than 800 patients resulting in losses totaling more than $2.6 million. Read More

View All Legislative/Regulatory Developments
Motorcycle Helmets Improve Riders' Chances of Survival 29 Percent, National Highway Traffic Safety Administration Survey Finds Read More

RLI Launches Healthcare Liability Division, Hires Scott Ducey to Lead the Operation 
Read More

Report Finds Top Five States for Luxury Vehicle Theft: California, Florida, New Jersey, New York, and Texas 
Read More

Ironshore International Enhances Kidnap and Ransom Coverage for Corporate Executives and Private Family Protection 
Read More

W. R. Berkley Corporation Names John K. Goldwater Senior Vice President And Promotes James B. Gilbert to President of BerkleyNet Underwriters Read More

View All Industry News
BOP Coverage for Damaged Walls


Browse our entire library of over 2,500 insurance resources and forms.

View Entire October/November Insurance Coverage Law Report
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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

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