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TODAY'S TOP DEVELOPMENTS Tuesday November 4, 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
Mississippi Supreme: Exclusion Applies to All Theories of Liability Where Alleged Injury Would Not Have Resulted "But for" the Excluded Service
The Mississippi Supreme Court has ruled that application of an exclusion in an insurance policy does not depend on the plaintiff's theory of liability. If the injury would not have resulted "but for" the excluded service, then the exclusion applies to all theories of liability, according to the court. Read More

Directors & Officers

Exclusion 4(h) Barred Coverage for Contract – and Tort – Claims against Insured Stemming from Insured's Agreement to Indemnify Bond Issuer
A federal district court in Florida, applying Florida law, has ruled that an exclusion in a directors, officers, and private company liability insurance policy that barred coverage for a claim against an insured arising out of alleged contractual liability also precluded coverage for purported tort claims that depended on "the existence of actual or alleged contractual liability" of the insured. Read More

Commercial Property
Texas Appellate Court Enforces Policy's Forum Selection Clause Requiring Litigation in Utah
An appellate court in Texas has reversed a trial court's decision and ruled that a forum selection clause in a commercial property insurance policy requiring that litigation be brought in Utah was enforceable, and that the insurance carrier had not waived its right to enforce the clause by bringing a subrogation action against the insureds' landlords in a Texas state court. Read More

Automobile Insurance
Citing Palsgraf, California Appeals Court Rules that Alleged Concurrent Causes Resulted in Single Accident
An appellate court in California, affirming a trial court's decision, has ruled that a woman's injuries resulted from a single automobile "accident," rejecting her allegations that negligent maintenance of the car and negligent driving of the car meant that two accidents had occurred for purposes of an automobile liability insurance policy. Read More

View All Case Law Developments

Federal Actions

FSOC to Hear MetLife's Objection to SIFI Designation
The Financial Stability Oversight Council, which has preliminarily designated MetLife, Inc., as a non-bank Systemically Important Financial Institution under Section 113 of the Dodd-Frank Act, will hear MetLife's objection to the proposed designation at a hearing on November 3. Read More

Insurance Fraud

California Insurance Broker Pleads No Contest
John Monreal has pleaded no contest to one felony count of grand theft of funds and one count of diverting funds for personal use, and was ordered to pay over $12,000 in restitution to his victims. Read More

View All Legislative/Regulatory Developments
Global Federation of Insurance Associations Appoints Governor Dirk Kempthorne as Chair Read More

Employers' Ranney Pageler Named Chair of the Property Casualty Insurers Association of America Fraud Committee 
Read More

Mercury General to Acquire Workmen's Auto Insurance Company 
Read More

Donna Nadeau Named Chief Operating Officer for North America Property and Casualty at XL Group 
Read More

Markel Appoints Professional and Financial Risks Senior Underwriter Read More

View All Industry News
Form Analysis
AAIS Businessowners Forms


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

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