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TODAY'S TOP DEVELOPMENTS Monday, November 9, 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.


“Business Pursuits” Exclusion Bars Coverage of Claim Stemming from Employee’s Assault in Business Owner’s Home Office
An appellate court in Connecticut, reversing a trial court’s decision, has ruled that the “business pursuits” exclusion in a personal umbrella insurance policy barred coverage for claims asserted by an employee for injuries suffered as a result of an intruder’s attack in the insured’s home office. Read More

“Contractual Liability” Exclusion Bars Coverage for Damage Caused by Defective Washers in Cap Screws Sold by Insured
The U.S. District Court for the Northern District of Ohio has ruled that a “contractual liability” exclusion in a commercial general liability insurance policy precluded coverage for a claim that the insured sold cap screws that incorporated defective washers to a customer for use in specific products, which washers the customer subsequently had to replace. Read More

“Faulty Workmanship” Exclusion Bars Coverage for Destruction of 2 Million Drink Bottles Due to Alleged Problems with Bottle Caps
An appellate court in Massachusetts, affirming a trial court’s decision, has ruled that an insurance policy’s “faulty workmanship” exclusion precluded coverage for losses suffered by the insured when it had to destroy two million bottles of a specialty drink due to alleged problems with the bottle caps. Read More

“Theft and Burglary” Exclusion Does Not Bar Coverage for Cost of Repairing Damage to Insured Dwelling Caused During Burglary
An appellate court in Georgia has ruled that a theft and burglary exclusion did not bar coverage for the cost of repairing damage to an insured building caused during the commission of a burglary but that the policy did bar coverage for lost rents where the building had no tenants at the time of the crime. Read More

View All Case Law Developments

In the States

Washington Insurance Department Would Require Insurers to Update Credit Histories and Insurance Scores At Least Every Three Years
The State of Washington Insurance Commissioner has proposed adding a new section to Chapter 284-24 WAC that would require each insurer that uses credit history for rating personal lines of property/casualty insurance to update the credit history and resulting insurance score no less often than once every three years. Read More

Insurance Fraud
Four Sentenced in Private Insurance Health Care Fraud Schemes
Four defendants have been sentenced in Florida for their participation in various private health care fraud schemes. Read More

View All Legislative/Regulatory Developments
Pan-American Life and Mutual Trust Financial Group Complete Merger of Their Mutual Holding Companies Read More

David Cohen Joins Aspen Insurance as President and Chief Underwriting Officer 
Read More

American Land Title Association Names John Hollenbeck as President 
Read More

Ameritas Life to Acquire Security Life Insurance Company of America 
Read More

XL Catlin’s North America Construction Insurance Business Achieves $1 Billion Premium Milestone 
Read More

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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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