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TODAY'S TOP DEVELOPMENTS Tuesday, November 5, 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.


Professional Liability Insurance
Appeals Court Upholds Denial of Law Firm’s Bid to Dismiss Malpractice Suit Alleging it Failed to Investigate and Notify Client of Available Insurance
An appellate court in New York has affirmed a trial court's decision denying a law firm's motion to dismiss a legal malpractice action against it based on the firm's alleged failure to investigate and notify its client of available insurance. Read More

Professional Liability Insurance

Policy's Prior Knowledge Provision Dooms Coverage Action by Lawyer and His Firm Against Malpractice Carrier
A federal district court in Pennsylvania has ruled that a professional liability insurance policy's prior knowledge provision barred coverage of a malpractice action against a lawyer and his firm where a disciplinary complaint against the lawyer had been initiated prior to the policy's effective date. Read More

Commercial General Liability
Insurer Has No Duty to Defend or Indemnify Insureds Where Suit Sought Injunctive Relief But No Compensatory Damages, California Appeals Court Holds
A California court of appeal has held that when an insurance company issues a liability policy, agreeing to indemnify its insured against a third party claim for damages covered under the policy and to defend the insured against any such claim, the insurer does not have a duty to defend the insured against a third party lawsuit seeking injunctive relief but no compensatory damages. Read More

Commercial General Liability
Total Pollution Exclusion Bars Coverage of "Chinese Drywall" Suit against Contractor, Court Rules
A total pollution exclusion endorsement in a commercial general liability insurance policy negated an insurance carrier's obligation to defend or indemnify a contractor sued in a "Chinese drywall" case. Read More

View All Case Law Developments

Directors & Officers

FDIC Warns Banks about Increase in D&O Exclusions
The Federal Deposit Insurance Corporation has issued an advisory statement on director and officer liability insurance policies, exclusions, and indemnification for civil money penalties. Read More


Criticizing "Unfair Gap in Insurance Coverage," New York to Compensate Homeowners for "Earth Movement" Damage Due to Storms Irene, Lee, and Sandy
The New York State Housing Recovery Program has announced that it will "fully compensate" homeowners affected by Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy for the repair costs of damage to their homes due to "earth movement." Read More

View All Legislative/Regulatory Developments
Systemically Important Insurers: Who Are They and What Will It Mean to Be a GSII? Read More

Using Unfair and Deceptive Acts and Practices Statutes to Challenge Reinsurer Delays in Claims Payment
Read More

Hot Issues in the Insurance Bad Faith Arena
Read More

Christian Thimann, Counselor to European Central Bank President Mario Draghi, Joins AXA
Read More

Top 10 States with the Highest Car Insurance Rates Are...
Read More

View All Industry News

Valued Policy Laws


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
[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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