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TODAY'S TOP DEVELOPMENTS Friday October 31, 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.


Automobile Insurance
Florida Supreme: Family Vehicle Exclusion Is Enforceable; UM Waiver by Named Insured Applies to All Insureds
The Florida Supreme Court has ruled that a family vehicle exclusion in an automobile insurance policy that excluded a family vehicle from the definition of an uninsured motor vehicle did not conflict with Florida Statutes Section 627.727(3). It also ruled that uninsured motorist benefits were not stackable under Section 627.727(9) where the named insured or purchaser of the policy made a non-stacking election, as the waiver applied on behalf of all insureds under the policy. Read More

Commercial General Liability

Mississippi Supreme: No Coverage for Farmer Who Intentionally and Illegally Planted Monsanto's Patented Seeds
The Mississippi Supreme Court has ruled that a commercial general liability insurance policy did not cover claims against a farmer that he had "knowingly, intentionally and willfully" planted Monsanto Company's patented seeds without authorization from Monsanto in violation of Monsanto's patent rights. Read More

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

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

View All Case Law Developments

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


Federal Agencies Request Comment on Proposed Flood Insurance Rule
Five federal regulatory agencies have announced the approval of a joint notice of proposed rulemaking to amend regulations pertaining to loans secured by property located in special flood hazard areas. Read More

View All Legislative/Regulatory Developments
Ceres Report Ranks U.S. Insurance Companies on Climate Change Responses; The Hartford, Prudential, Munich Re, and Allianz Are Among Top Scorers Read More

Marsh to Acquire Torrent Technologies, Enhancing Its Flood Insurance Capabilities 
Read More

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

Motorcycle Helmets Improve Riders' Chances of Survival 29 Percent, National Highway Traffic Safety Administration Survey Finds 
Read More

Catherine Besselman Named Global Head of Agriculture at Ironshore International Read More

View All Industry News
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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

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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