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TODAY'S TOP DEVELOPMENTS Monday, November 16, 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.


Commercial General Liability
Sixth Circuit Refuses to Upset Settlement Based on Alleged Misrepresentation Regarding Available Insurance
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by the U.S. District Court for the Eastern District of Michigan, has refused to upset a settlement agreement based on the plaintiff's allegation that he had been misinformed about the defendant's available insurance. Read More

Commercial Auto
Accident Did Not Arise Out of Use of Insured's Truck, New Jersey Appeals Court Affirms
An appellate court in New Jersey, affirming a trial court's decision, has ruled that an accident at a jobsite did not arise from the use of the insured's truck. Read More

Excess v. Prime
Failure to Exhaust Full Limits of Underlying Primary Policies Doomed Claim Under Excess Policy, District Court Declares
The U.S. District Court for the District of Colorado, applying Texas law, has ruled that the failure to exhaust the full limits of the underlying primary insurance policies identified in an excess policy doomed a claim against the excess policy. Read More

Fifth Circuit: Federal Common Law Governing NFIP Recognizes Rule Against Double Recover
The U.S. Court of Appeals for the Fifth Circuit has ruled that federal common law governing the National Flood Insurance Program ("NFIP") recognizes the rule against double recovery. Read More

View All Case Law Developments

Insurance Fraud

Michael Danilovich Convicted in N.Y. in Largest Single No-Fault Auto Fraud Scheme Ever Charged
Michael Danilovich has been found guilty on racketeering conspiracy, securities fraud, health care fraud, mail fraud, wire fraud, and money laundering charges following a five-week jury trial before U.S. District Judge Deborah A. Batts. The jury convicted Mr. Danilovich of racketeering arising out of his operation, from 2007 through 2012, of what Manhattan U.S. Attorney Preet Bharara characterized as "the largest single no-fault automobile insurance fraud scheme ever charged." Read More

Insurance Fraud
36 Charged in Alleged Multi-State Insurance Fraud Scheme Involving Staged Automobile Crashes
Federal charges have been filed against 36 individuals, alleging their involvement in an elaborate scheme to defraud insurance companies by staging automobile crashes and filing false police reports. Read More

View All Legislative/Regulatory Developments
Endurance Hires Timothy Quinn to Head Facultative Reinsurance in North America  Read More

Liberty International Underwriters Appoints Michael Finnegan as U.S. Chief Underwriting Officer  
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Illinois"  
Read More

MetLife Adopts Carbon Neutrality  
Read More

New ACE Paper Explores Water Damage Coverage Under Builders' Risk Policies 
Read More

View All Industry News
Duty to Defend


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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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