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TODAY'S TOP DEVELOPMENTS Monday, December 21, 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
Allegation in Complaint – “Regardless of Its Truth" – Required Insurer to Defend Additional Insured, New York District Court Rules
The U.S. District Court for the Eastern District of New York has ruled that an allegation in an underlying complaint – “regardless of its truth,” and even though the claim for indemnification appeared to be “frivolous” – required the defense of a general contractor by an insurer that had issued a commercial general liability insurance (“CGL”) policy to a subcontractor. Read More

Commercial General Liability
Claim Against Archdiocese for Allegedly Intentional Sexual Abuse of a Child Was Not an “Accident” under Washington Law, Federal Court Rules
The U.S. District Court for the Western District of Washington has ruled that a claim against the Archdiocese of Seattle for a priest’s allegedly intentional sexual abuse of a child was not an “accident” and, therefore, imposed no duty on the part of the Archdiocese’s insurers to defend or indemnify it. Read More

Homeowners Insurance
Damage Caused to Garage by Insured’s Suicide Attempt Was Not Covered in Absence of Finding that He Was Insane, Missouri Appeals Court Rules
An appellate court in Missouri, affirming a trial court’s decision, has ruled that a homeowners’ insurance policy excluded coverage for damage to a garage resulting from the insured’s attempted suicide, at least in the absence of a finding that he was “insane.” Read More

Policy Covering Slogan Infringement Did Not Cover Trademark Action, California District Court Decides
The U.S. District Court for the Eastern District of California has ruled that an insurance policy that provided coverage for slogan infringement did not cover a trademark infringement action. Read More

View All Case Law Developments

In the States

Wisconsin Implements State Based Systems
Wisconsin has implemented State Based Systems, making it the 29th state to license SBS. Read More

Title Insurance
Florida Title Agent Charged with Defrauding Clients of Nearly $400,000 While Operating Unlicensed Agency
Kristine Ann Spahr has been charged by Florida’s Department of Financial Services Division of Insurance Fraud with intentionally misappropriating nearly $400,000 in real estate escrow funds in an effort to gain personal monetary profit while she was illegally operating her title agency, Signature Title and Trust LLC. Read More

View All Legislative/Regulatory Developments
Business Interruption on the Rise: Growth in Insurance Claims Highlights Increasing Risks for Businesses Worldwide, Allianz Report Shows Read More

Indian Economy Suffers $3 Billion Loss from Persistent Floods Amid Low Insurance Penetration, According to Aon Report 
Read More

Lawrence Schreiber Named President of Empire BlueCross BlueShield 
Read More

Association of Bermuda Insurers and Reinsurers Officers Are Elected for 2016 Term 
Read More

New Marsh Report Urges Reforms to National Flood Insurance Program 
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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