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TODAY'S TOP DEVELOPMENTS Thursday, November 14, 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.


Homeowners Insurance
West Virginia's Highest Court Finds "Collapse" to be Ambiguous and Rules that It Includes Something Less than "Complete Falling In"
West Virginia's highest court, the Supreme Court of Appeals, has ruled that the term "collapse" as used (but not defined) in a homeowner's insurance policy was ambiguous, meant something less than "complete falling in" of a kitchen floor, and included "substantial impairment of the structural integrity" of the floor. The court also held that whether an insured should have known that decay was causing her kitchen floor to sink was a genuine issue of material fact that had to be decided by a jury. Read More

Automobile Insurance

Lamborghini Coverage Case Motors On after Federal Court Finds Proper Joinder
A federal district court in California has denied two defendants' motions to dismiss claims brought against them by an insurance carrier in a case involving questions about insurance coverage of damage to a 2012 Lamborghini Gallardo, finding that the defendants had been properly joined. Read More

Automobile Insurance
Injured Party May Not Proceed against Bankrupt Judgment Debtor's Insurance Carrier, Arkansas Appeals Court Rules
An Arkansas appellate court has affirmed a trial court's decision and has ruled that an injured party that could not recover a judgment against an insured who entered bankruptcy could not proceed against his insurance carrier. Read More

Commercial Property
Insurer Properly Canceled Jewelry Store's Policy after Notice from Premium Finance Company, Appellate Court Finds
An intermediate appellate court in New York has ruled that an insurance company had properly canceled a jewelry store's insurance policy after receiving notice from the premium financing company, and that neither the insurer nor its insurance broker had a duty to "call upon" the premium financing company to make certain that the policy remained in effect. Read More

View All Case Law Developments

In the States

Kentucky Insurance Department Seeks Rehabilitation for Two School Board Insurance Funds
The Kentucky Department of Insurance has proposed to take over the management of the funds used for state school board workers' compensation and property and liability claims. Read More

In the States

Florida Bill Would Bar Certain Insurer Actions Based on Gun Use or Ownership
A bill introduced in the Florida legislature, HB 255, would make it unlawful for insurance companies to take certain actions based on gun ownership by a policyholder or applicant – or by a family member of a policyholder or applicant. Read More

View All Legislative/Regulatory Developments
Philip B. Kalin Named Chief Executive Officer of Pinnacol Assurance Read More

XL Group Enhances Up + Running Equipment Breakdown Insurance with Added Perishable Goods Protection
Read More

Douglas M. Worman Named CEO of U.S. Insurance at Endurance
Read More

Marsh Names Mary-Beth Hahn and Kathy O'Leary Casualty Leaders
Read More

Allied World Europe Launches Marine Insurance Business and Appoints Bart Grefe Vice President, Marine Underwriting Manager
Read More

View All Industry News

Personal Lines Coverage Gaps


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].

FC&S Legal: The Insurance Coverage Law Information Center
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