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TODAY'S TOP DEVELOPMENTS Monday, December 16, 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
Criminal Acts Exclusion Bars Coverage for Parents’ Claims Over Shooting Death of Their Son
An appellate court in Wisconsin has ruled that a criminal acts exclusion in a homeowner’s insurance policy barred coverage of claims brought by parents for the shooting death of their son. Read More

Homeowners Insurance

In Case of First Impression in Wisconsin, Appeals Court Holds that Intra-Insured Exclusion Barred Coverage for Non-Insured’s Wrongful Death Claim Arising Out of Insured’s Death
In a case of first impression in Wisconsin, an appellate court has ruled that an intra-insured exclusion in a homeowner’s insurance policy barred coverage for a wrongful death claim arising out of an insured’s death, even where the claimant was a non-insured. Read More

Commercial General Liability
Insurer Must Defend Claims Arising from Diesel Fuel Spill in Office Building Despite Policy’s Total Pollution Exclusion
A federal district court in Puerto Rico has ruled that, under Puerto Rico law, an insurance company had a duty to defend its insured against claims arising from a diesel fuel spill in an office building, notwithstanding the policy’s total pollution exclusion. Read More

Automobile Insurance
Insurer’s Certificate of Bulk Mailing Found Sufficient Proof of Insured’s Receipt of Notice of Policy’s Non-Renewal, Appeals Court Rules
An appellate court in Mississippi has affirmed a trial court’s decision and ruled that an insurance carrier’s certificate of bulk mailing of a notice of non-renewal was sufficient to prove receipt of the notice by the insured in the absence of the insured’s production of sufficient evidence to rebut the presumption of his receipt of the mailing. Read More

View All Case Law Developments

Federal Actions

Federal Insurance Office Recommends “Hybrid Model” of Both State and Federal Insurance Regulation
The U.S. Department of the Treasury’s Federal Insurance Office has submitted a report to Congress that concluded that insurance regulation in the United States was “best viewed in terms of a hybrid model,” where state and federal oversight played “complementary roles.” Read More

Professional Liability

British Law Firms in Firing Line for Failing to Declare Insurance Position
The Solicitors Regulation Authority (“SRA”), the independent regulatory body of the Law Society of England and Wales, is reporting that it has discovered a “substantial number” of firms that appear to have failed to declare their insurance position. Read More

View All Legislative/Regulatory Developments
NAMIC Disputes CFA Report About Auto Insurer Use of Credit Scores and Discrimination Against Lower-Income Drivers Read More

American General Launches Accelerated Access Solution Life Insurance Death Benefits Rider
Read More

Brit Insurance Holdings Appoints Dr. Richard Ward as Chairman
Read More

One-in-Four Employees Choose Lower-Priced Health Plan via Private Insurance Exchanges to Decrease Premiums, Accenture Finds
Read More

Bring Your Insurance Policy to the Tailor, So Your Insurance Company Doesn’t Take You to the Cleaners
Read More

View All Industry News

Improvements and Betterments Coverage


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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 ($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 [email protected].

FC&S Legal: The Insurance Coverage Law Information Center

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