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TODAY'S TOP DEVELOPMENTS Wednesday, November 6, 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.


Commercail General Liability
Appeals Court Reverses Order Requiring Insurer to Pay $114,268.01 in Attorney's Fees and Costs to Insured, Finding that Insurer Had No Duty to Defend $438 Small Claims Case
A Florida appellate court has reversed a trial court's decision ordering an insurance carrier to pay $114,268.01 in attorney's fees and costs to its insured for failing to defend a $438 small claims court case, finding that the carrier had no duty to defend. Read More


6th Circuit: Insurer Sufficiently Notified Insureds about Addition of "Unsolicited Communications Exclusion" to Their Policies. P.S. It Barred Coverage of a Junk Fax Class Action
The U.S. Court of Appeals for the Sixth Circuit has ruled that an insurance company had provided sufficient notice of the addition of an "unsolicited communications exclusion" to their renewed policies for it to be effective – and that it precluded coverage for a class action against the insureds alleging that they had violated the Junk Fax Prevention Act. Read More

Homeowners Insurance
Filed Rate Doctrine Bars Homeowner's Force-Place Insurance Class Action, Court Rules
A federal district court in Wisconsin has ruled that the filed rate doctrine barred a homeowner's force-place insurance class action. Read More

Automobile Insurance
California Appeals Court Finds that Auto Claims Representatives' Lawsuit against Farmers Insurance Should Be Certified as a Class Action
Reversing a trial court's decision, a California appeals court has ruled that a lawsuit by auto physical damage claims representatives against Farmers Insurance Exchange alleging wage and hour violations could proceed as a class action. Read More

View All Case Law Developments

In the States

N.Y. Bans 18 Doctors and Health Services Providers from Billing No-Fault
New York has banned what it said was a "first round" of 18 doctors and other health services providers from billing New York's no-fault automobile insurance system as part of an ongoing Department of Financial Services investigation. Read More

Insurance Fraud

Husband and Wife Who Ran N.J. Insurance Brokerage Firm Plead Guilty to Stealing More than $770,000 from Seven Insurers
A central New Jersey husband and wife who ran a now-defunct insurance brokerage firm have pleaded guilty to their roles in a scheme to steal more than $770,000 by failing to remit insurance premiums to seven insurance companies. Read More

View All Legislative/Regulatory Developments
Eugene Wollan Celebrates 60 Years at Mound Cotton Wollan & Greengrass Read More

Missouri Department of Insurance Recruits Deloitte Consultant Julie Lederer
Read More

Pamela Ross Is Named Vice President for Property Facultative Operations at XL Group
Read More

Cyber-Crime is a Major Threat to Companies Today, EY Survey Finds
Read More

Rolf Thore Roppestad Is New CEO of Gard
Read More

View All Industry News

General Provisions of the CGL


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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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