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TODAY'S TOP DEVELOPMENTS Monday, October 12, 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.  CASE LAW Exclusions Exclusion Barred Coverage for Madoff Losses, N.Y. Appeals Court Rules An appellate court in New York, reversing a trial court's decision, has ruled that exclusion x in financial institution bonds barred coverage of losses suffered in the Madoff Ponzi scheme. Read More Commercial General Liability Illinois Appeals Court Finds that Pollution Exclusion Did Not Bar Coverage for Mold-Related Injuries An appellate court in Illinois, applying Texas law, has ruled that coverage for mold-related injuries was not excluded by a "pollution and health hazard" exclusion when the exclusion did not list mold in clear and unambiguous language.  Read More Automobile Insurance Insureds' Same-Sex Relationship Was Irrelevant to Issue of Whether One Named Insured's Election Bound Other Named Insured, Third Circuit Rules The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the Eastern District of Pennsylvania, has ruled that the insureds' same-sex relationship was "not relevant" to the issue of whether one named insured was bound by the election of another named insured on the same car insurance policy.  Read More Personal Watercraft Failure to Disclose that Household Member Had Prior Felony Conviction for Attempted Murder Voided Policy An appellate court in Arkansas, affirming a trial court's decision, has ruled that a material misrepresentation made on an insurance application – that a member of the insured's household had not been convicted of a felony when he had a prior conviction for attempted murder – where that misrepresentation was relied on by the insurance company, voided the policy.  Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States Delaware Joins Anti-Price Optimization Bandwagon Now, the Delaware Insurance Department is warning property and casualty insurers writing personal lines policies in Delaware against using price optimization. Read More Eye on the Experts 2015 Excess and Surplus Lines Laws: Florida 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 ("NRRA") and the steps surplus lines carriers and brokers should be taking now to ensure compliance with this groundbreaking legislation. This section of the Excess and Surplus Lines Laws Manual sets forth a summary of the surplus lines eligibility and filing requirements for Florida. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Assurant Completes $14 Million Sale of Self-Funded Health Insurance Business Lines to National General Holdings  Read More One in Four Americans Has Been the Victim of a Data Breach or Cyber Attack, Travelers Reports  Read More Insurance Litigator James Fitzgerald Joins Akin Gump from Stroock Read More Former Gardere Insurance Coverage Attorneys Stephen Moll and Jim Cooper join Reed Smith as Partners in Houston Read More FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Connecticut" Read More View All Industry News   ISO Form DL 98 01 02 15 Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Septmeber/October Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.com 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 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 www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. Copyright ©2015 The National Underwriter Company, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874