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TODAY'S TOP DEVELOPMENTS Thursday, December 24, 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
Texas Supreme: Property Is Not Physically Injured Merely by Incorporation of Faulty Component
The Texas Supreme Court has ruled that property was not physically injured merely by the installation of a defective product into it, joining the majority of state supreme courts that have decided the issue. Read More

Professional Liability Insurance
N.J. Supreme: Insurer that Rescinded Policy for Misrepresentations Did Not Have to Defend or Indemnify Podiatrist for Claim that Arose Before Rescission
The New Jersey Supreme Court, applying New Jersey law, has reversed an appellate court’s decision and has ruled that the Rhode Island Medical Malpractice Joint Underwriting Association (“RIJUA”) did not have to defend and indemnify a podiatrist in a medical malpractice action pending in New Jersey after it rescinded the podiatrist’s medical malpractice liability policy for misrepresenting the proportion of his practice generated in Rhode Island. Read More

Homeowners Insurance
Maine Supreme: Exclusion Applied Where Insured Committed Volitional Act Resulting in Injury, Even if Unintended, Where Act Also Was Criminal
The Supreme Judicial Court of Maine, affirming a trial court’s decision, has ruled that an intentional loss exclusion in a homeowner’s insurance policy precluded coverage for the insured’s intentional assault of another person, which resulted in that person’s death, even if the insured had not intended that result. Read More

North Dakota Supreme: “Direct Physical Loss or Damage” Did Not Cover “Loss of Use”
The North Dakota Supreme Court, affirming a trial court’s decision, has ruled that an agricultural equipment endorsement to a farm and ranch policy that covered “direct physical loss or damage” did not cover the insured for “loss-of-use” of the equipment. Read More

View All Case Law Developments

In the States

Rhode Island’s Insurance Superintendent to Join Fairfax Financial
Joseph Torti III, the Rhode Island Superintendent of Banking and Insurance, is joining Fairfax Financial as vice president of regulatory affairs. Read More

Insurance Fraud
Insurance Broker Sentenced to Three Years in Federal Prison for Stealing Millions from Aetna
Bonney J. Hebert, of Killington, Vermont, has been sentenced by Senior U.S. District Judge Alfred V. Covello in Hartford, Connecticut, to 36 months of imprisonment, followed by three years of supervised release, for stealing more than $10 million from Hartford-based Aetna Life Insurance Company. Read More

View All Legislative/Regulatory Developments
Group Health Cooperative to Join Kaiser Permanente Read More

Allstate Poll Shows Americans Do Not Prioritize Protecting Their Property During Holiday Season 
Read More

Chubb Elects Paul Krump Chief Operating Officer 
Read More

W. R. Berkley Appoints James P. Bronner Senior Vice President 
Read More

MetLife Introduces Individual Portable Dental Product 
Read More

View All Industry News
Damage to Property Exclusions and Scratched Glass


Browse our entire library of over 2,500 insurance resources and forms.

View Entire November/December Insurance Coverage Law Report
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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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