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TODAY'S TOP DEVELOPMENTS Thursday, November 7, 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.


Commercial General Liability
10th Circuit: Insurer Has Duty to Defend Where Intentional Act Resulted in Unintended Injury
The U.S. Court of Appeals for the Tenth Circuit has ruled that, under applicable Kansas law, an insurance carrier had a duty to defend where an insured's intentional act resulted in an unintended injury. Read More

Commercial Property

Mississippi Supreme Court Holds that Rule 59 Motion Continued the Tolling of the Statute of Limitations against Insurer that Began When Insured Filed Its Complaint
The Mississippi Supreme Court, deciding an issue of first impression, has ruled that a policyholder's motion to set aside a judgment or in the alternative for a new trial tolled the statute of limitations on its underlying contract claim against its insurance carrier. Read More

Appellate Court Reverses Trial Court and Orders Dismissal of Insurer's Subrogation Action Against Contractor
A New York appellate court has reversed a trial court's decision denying a contractor's motion for summary judgment in a subrogation action brought by an insurance company, declaring that to rule otherwise, would be "to expose to liability every contractor who, over the lifetime of a product, repairs it in even the slightest way, simply upon the premise that the contractor ought to have warned of a dangerous condition." 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

View All Case Law Developments


Top Insurance Lobbyists Named by "The Hill"
The Washington publication and Internet presence "The Hill" has named its top lobbyists for 2013 – and many are insurance-related in one way or another. Read More

Homeowners Insurance

FHFA Directs Fannie Mae and Freddie Mac to Restrict Lender-Placed Insurance Practices
The Federal Housing Finance Agency has directed Fannie Mae and Freddie Mac to prohibit servicers from being reimbursed for expenses associated with captive reinsurance arrangements. Read More

View All Legislative/Regulatory Developments
Fireman's Fund Insurance Company Appoints Arun Chanana Vice President of Programs Read More

FINMA Investigation Finds No "Undue Pressure" on Deceased Zurich CFO Pierre Wauthier
Read More

Chubb Survey Finds Privately Held Companies Lack a Strong Defense Against Litigation and Government Fines
Read More

Munich Re Finds Positive Economic Effect of Insurance Against Natural Catastrophes, Particularly in Emerging Countries
Read More

TRIA Expiration has Risk Professionals Bracing for Decreased Terrorism Coverage Limits
Read More

View All Industry News

Unregistered Truck That Needs Repairs


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
[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].

FC&S Legal: The Insurance Coverage Law Information Center
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