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TODAY'S TOP DEVELOPMENTS Thursday, December 26, 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.


9/11: Insurers' Lose Subrogation Bid against 7 World Trade Center
The U.S. Court of Appeals for the Second Circuit has upheld the dismissal of a subrogation action brought by insurance companies against the entities that designed, built, operated, and maintained 7 World Trade Center in Manhattan. The insurers argued that the building had been negligently designed and constructed, which had caused it to collapse on 9/11. Read More

Homeowners Insurance

Insured Had Constructive Notice of Claim Denial through Her Attorney, Dooming Her Coverage Action, Fifth Circuit Rules
The U.S. Court of Appeals for the Fifth Circuit has affirmed a district court's decision in favor of a homeowners insurance company, finding that an insured had notice of the denial of her claim constructively through her attorney, and that her coverage action against the insurer therefore was brought too late. Read More

Zipcar Driver Had Coverage under Excess Policy, Wisconsin Appeals Court Rules
A Wisconsin appellate court has ruled that an exclusion in an excess policy issued to Zipcar, Inc., made the policy illusory. Accordingly, it found that a Zipcar driver was entitled to coverage under the policy for a lawsuit in which the plaintiff asserted that the driver had been negligent while driving the car and had caused injuries to the plaintiff. Read More

Commercial Property
Appraisal Panel Did Not Exceed Its Authority by Deciding Coverage Questions, Appeals Court Holds
A trial court erred by determining that an appraisal panel had exceeded its authority by deciding coverage questions and by substituting its factual determination for that of the appraisal panel, an appellate court in Minnesota has ruled. Read More

View All Case Law Developments

In the States

NCOIL Reaffirms Support for State-Based Insurance Regulatory System
Legislators at the annual meeting of the National Conference of Insurance Legislators again voiced their unqualified support of the U.S. state-based insurance regulatory system. Read More

Health Insurance

CVS' Caremark To Pay $4.25 Million for Allegedly Denying Medicaid Claims for Reimbursement of Prescription Drug Costs
Caremark LLC, a pharmacy benefit management company, will pay the federal government and five states a total of $4.25 million to settle allegations that it knowingly failed to reimburse Medicaid for prescription drug costs paid on behalf of Medicaid beneficiaries, who also were eligible for drug benefits under Caremark-administered private health plan. Read More

View All Legislative/Regulatory Developments
Prudential Financial Senior Executive Maureen Adolf Joins Regulatory Team at Nelson Levine Read More

John Drzik Named President of Global Risk and Specialties at Marsh
Read More

Fundamental Curtailment of Wide Ranging Commercial General Liability Coverage? The "Classification Limitation Endorsement" - Part I
Read More

Katherine Mabe Named President of Business to Business at Allstate
Read More

Imperial Management Corporation Acquires National Automotive Insurance Company
Read More

View All Industry News

Flood Coverage Endorsement


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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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