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TODAY'S TOP DEVELOPMENTS Monday, November 18, 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.


Errors & Omissions
Agent v. Agent: Claims for Intentional Wrongdoing Not Covered by Defendant Agency’s E&O Policy
The U.S. Court of Appeals for the Sixth Circuit has ruled that an insurance carrier that provided an insurance professionals errors and omissions liability insurance policy to an agency was not obligated to defend the agency in a suit brought by a competitor agency, where the suit only asserted claims for intentional wrongdoing. Read More

Homeowners Insurance

Lead Exclusion in Landlord’s Policy Did Not Violate Public Policy, Appellate Court Holds
An intermediate appellate court in New York has affirmed a trial court’s decision that a lead exclusion in a landlord’s insurance policy did not violate public policy and barred coverage of a tenant’s claims for bodily injury allegedly sustained as a result of lead poisoning. Read More

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
North Carolina Appellate Court Upholds Jury Decision Finding $1 Million in UIM Coverage
An appellate court in North Carolina has upheld a jury decision finding that a policyholder was entitled to $1 million in uninsured motorist benefits because she had not signed an uninsured/underinsured motorist selection rejection form. Read More

View All Case Law Developments

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

Federal Actions

Senate Sub-Committee Holds Hearing on Superstorm Sandy One Year Later
The U.S. Senate Subcommittee on Emergency Management, Intergovernmental Relations, and the District of Columbia has held a hearing examining the “ongoing recovery” from Superstorm Sandy – including insurance matters. Read More

View All Legislative/Regulatory Developments
Top 10 Women in Insurance Leadership Named by Insurance Networking News Read More

Medical Malpractice Claim Costs Remain Stable, According to Aon/ASHRM Report
Read More

AMA Analysis Lists States with Lowest Levels of Competition among Commercial Health Insurers
Read More

Insurance Regulatory and Transactions Attorney Eileen Hayes Joins Greenberg Traurig from N.Y.’s Department of Financial Services
Read More

Finding Social Media a Critical and Growing Competency for the Insurance Industry, Liberty Mutual Creates Social Media Center of Excellence
Read More

View All Industry News

Options for Settling Fire Loss


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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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