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TODAY'S TOP DEVELOPMENTS Tuesday, December 1, 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.


Fire Insurance
In Case of First Impression, Court Rules that Illinois Standard Fire Policy Voids Homeowner’s Policy’s Intentional Conduct Provision
In a case of first impression in Illinois, a federal district court has applied the provisions of the Illinois Standard Fire Policy to the intentional conduct exclusions in a homeowners’ insurance policy and concluded that “fires caused by intentional conduct must be covered if all other conditions are met.” Read More

Health Insurance
Because “Incurred” Was Ambiguous, Appeals Court Finds Insurer Liable for Medical Expenses Payable Years After Boy’s Injury
A Louisiana appellate court, affirming a trial court’s decision, has ruled that “incurred” in a medical expense benefit insurance policy was ambiguous and the policy covered a recommended course of treatment for a nine-year-old even where the bills would not be payable for many years after the policy’s three year coverage period. Read More

Directors & Officers
Pre-Policy Consumer Complaints Doom Insureds’ Coverage Bid for Attorney General’s Subsequent Lawsuit
A federal district court in Tennessee has granted an insurer’s motion for summary judgment in a coverage action, finding that consumer complaints against the insureds that preceded the effective date of their policy were “related” to a lawsuit filed by the state’s attorney general against the insureds during the policy’s effective dates, which barred coverage for the attorney general’s action under the policy’s “Related Wrongful Acts” provision. Read More

Commercial Property
Minnesota Supreme: Policy’s Vacancy Clause May Trump Its Standard Mortgage Clause If Vacancy Was Because of Owner – and If Mortgagee Knew About It
The Minnesota Supreme Court, reversing an appellate court’s decision, has ruled that a vacancy clause in a policy insuring a commercial building would trump a standard mortgage clause in the policy if the vacancy that preceded vandalism to the insured building was because of the insured owner’s acts – and if the mortgagee was aware of the owner’s acts. Read More

View All Case Law Developments

In the States

California Department of Managed Health Care Fines Blue Shield and Anthem for Inaccurate Provider Directories
The California Department of Managed Health Care has issued a $350,000 fine against Blue Shield of California and a $250,000 fine against Anthem Blue Cross for inaccurate provider directories. Read More

Eye on the Experts
2015 Excess and Surplus Lines Laws: Illinois
This Eye on the Experts article is taken from the 2015 Excess and Surplus Lines Laws in the United States Manual, which reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during the past year including a special section on the Non-Admitted and Reinsurance Reform Act and the steps surplus lines carriers and brokers should be taking now to ensure compliance with this groundbreaking legislation. Read More

View All Legislative/Regulatory Developments
Toyota Will Establish New Artificial Intelligence Research and Development Company and Will Invest $1 Billion Over Five Years Read More

XL Catlin Extends Yacht Insurance Risk 
Read More

Business Demand for Cyber and Data Privacy Insurance Surges While Gaps Remain in Incident Response Plans, According to Wells Fargo Study 
Read More

Ironshore Specialty Casualty Offers New Endorsements for Manufacturer Sector Product Risk 
Read More

QBE North America Appoints Glenn Skrynecki VP of Agriculture 
Read More

View All Industry News
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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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