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TODAY'S TOP DEVELOPMENTS Tuesday, November 3, 2015

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
Kentucky Supreme: Employee Exclusion Did Not Bar Coverage of Permissive User
The Kentucky Supreme Court, affirming a decision by an appellate court, has ruled that an employee exclusion in a commercial auto policy did not bar coverage of claims against a permissive user of an insured vehicle. Read More

Commercial Property
Minnesota Supreme: Policy's Vacancy Clause May Trump Its Standard Mortgage Clause If Vacancy Was Because of Owner – and If Mortgagee Knew About It
The Minnesota Supreme Court, reversing an appellate court's decision, has ruled that a vacancy clause in a policy insuring a commercial building would trump a standard mortgage clause in the policy if the vacancy that preceded vandalism to the insured building was because of the insured owner's acts – and if the mortgagee was aware of the owner's acts." Read More

10th Circuit: Federal Employees Health Benefits Act Preempts Kansas Anti-Subrogation Rule
The U.S. Court of Appeals for the Tenth Circuit, affirming a decision by the U.S. District Court for the District of Kansas, has ruled that the Federal Employees Health Benefits Act of 1959, which establishes a program to provide health insurance for federal employees and annuitants, preempted a Kansas insurance regulation prohibiting subrogation and reimbursement clauses in certain insurance contracts. Read More

Commercial General Liability
Insurer's Late Disclaimer Entitles Insureds to Defense and Indemnity, N.Y. District Court Rules
The U.S. District Court for the Southern District of New York, applying New York insurance law, has ruled that an insurer's 10-month delay in disclaiming after it first learned of grounds for so acting violated New York's insurance law and required that the insurer defend and indemnify the insureds in the underlying lawsuit. Read More

View All Case Law Developments

Federal Actions

Treasury Appoints 12 to Federal Advisory Committee on Insurance
The U.S. Department of the Treasury has appointed 12 individuals to serve as members of the Federal Advisory Committee on Insurance. Read More

In the States
N.Y. Insurance Regulator Announces His Departure
The acting superintendent of New York's Department of Financial Services, Anthony Albanese, has announced that he is leaving the position and moving to the private sector. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Hawaii" Read More

Andreas Utermann to Replace Elizabeth Corley as CEO of AllianzGI 
Read More

Great American Insurance Launches Singapore Branch Office, First in Asia 
Read More

Guardian Launches Online Disability Income Insurance Tool 
Read More

Jean M. Daly Joins Murchison & Cumming as Partner in Insurance Law Practice Group 
Read More

View All Industry News
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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
Cort T. Malone, Anderson Kill, P.C.
Richard 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
Thomas F. Segalla, Goldberg Segalla
David D. Thamann, The National Underwriter Company

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