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TODAY'S TOP DEVELOPMENTS Monday, December 1, 2014

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
New York’s Highest Court Rules that Insurer’s Disclaimer Was Ineffective When It Was Sent Only to the Insured, and Not to the Additional Insureds
New York’s highest court, the New York Court of Appeals, has ruled that a disclaimer sent by an insurance carrier to its insured, but not to the additional insureds, was ineffective with respect to the additional insureds under New York insurance law. Read More

Homeowners Insurance

New Hampshire Supreme: Adult Son Was Not Resident in His Mother’s Home
The New Hampshire Supreme Court, affirming a trial court’s decision, has ruled that an adult son was not a resident in his mother’s New Hampshire home and, therefore, was not an insured under her homeowner’ insurance policy, where he owned property in Massachusetts that he lived in 80 percent of the time. Read More

Lack of Privity Dooms Insurer’s Breach-of-Contract Subrogation Action against U.S. Government
The U.S. Court of Federal Claims has dismissed an insurer’s breach-of-contract subrogation action against the federal government for lack of privity, finding that none of the limited exceptions to the privity requirement applied. Read More

Automobile Insurance
In Case of First Impression, New York Court Rejects Regulator’s Interpretation of No-Fault Law and Adopts Earlier Appellate Court’s Ruling
In a case of first impression, a New York trial court has rejected the state insurance regulator’s interpretation of a provision of the state’s no-fault law and has adopted an appellate court’s view – even though the regulator’s opinion came after the appellate court’s decision and even though the regulator disagreed with the appellate court’s conclusion. Read More

View All Case Law Developments

In the States

Maryland Warns Insurers Against Using “Price Optimization” to Rate Insurance Policies and Demands Corrective Action Plans
The Maryland Insurance Administration has issued a bulletin warning insurers not to use “price optimization” to rate insurance policies in Maryland – and requiring that insurers that use price optimization to rate insurance policies in Maryland file a corrective action plan with the MIA no later than January 1, 2014. Read More

In the States

California Insurance Agent Charged with Scamming Seniors
Gregory Alan Steen, a licensed insurance agent, has been charged with 13 felony counts of grand theft, 13 felony counts of embezzlement, and 12 felony counts of identity theft. Read More

View All Legislative/Regulatory Developments
Airbnb Introduces Host Protection Insurance Read More

Competition for Deals Fuels Rapid Adoption of Transactional Risk Insurance Among Global Deal Community, Marsh Research Shows  
Read More

Association of Bermuda Insurers and Reinsurers Elects Officers for 2015-2016 
Read More

Mike Smith Appointed Southeast Regional Underwriting Leader at XL Group 
Read More

Tracy Schrader Joins Dallas Insurance Coverage Boutique Amy Stewart Law  Read More

View All Industry News
Care, Custody, or Control Exclusion under Review


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
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
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, Rivkin Radler 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 ($1,295 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

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