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TODAY'S TOP DEVELOPMENTS Monday, January 13, 2014

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
Court Uses Endorsement’s Exclusion to Interpret Policy Exclusion, Finding Coverage
A federal district court in Illinois, relying on the text of an exclusion in an endorsement to interpret an exclusion in a homeowner’s policy, has found coverage for an underlying plaintiff’s lawsuit against the insured. Read More


Eighth Circuit Rejects Claims that WYO Insurer Had Engaged in Affirmative Misconduct
The U.S. Court of Appeals for the Eighth Circuit, reversing a district court’s decision, has ruled that a private insurance company could not be estopped from relying on the proof of loss requirement in a Standard Flood Insurance Policy as a bar to recovery by the insureds. The decision is noteworthy for its conclusions as to what alleged conduct by the insurer did not amount to affirmative misconduct, which might have led the circuit court to decide that there was an exception to the estoppel rule for such misconduct. Read More

Commercial General Liability
Loss of Personal Information Was Not a “Personal Injury” in Absence of Its Publication, Appeals Court Decides
An appellate court in Connecticut has affirmed a trial court’s decision that there was no coverage under a commercial general liability policy for the costs of remediating a loss of electronic data containing personal information where there was no indication that the personal information had been published.  Read More

Insurer’s Default Judgment Against Corporation Had Expired By the Time Insurer Brought Its “Piercing the Corporate Veil” Suit against Corporation’s Owner, Appellate Court Rules
An appellate court in Minnesota has ruled that a default judgment an insurance company had obtained against a corporation for causing water damage to a home it insured had expired by the time it brought suit against the corporation’s owner and sole shareholder seeking to pierce the corporate veil and hold him personally liable for the judgment. Therefore, the insurer’s action had been properly dismissed, the appellate court decided. Read More

View All Case Law Developments

Professional Liability

U.K.’s Solicitors Regulation Authority Warns Law Firms to Engage over Insurance Position
The Solicitors Regulation Authority, the independent regulatory body of the Law Society of England and Wales, is warning law firms to come clean about their insurance position. Read More

Health Insurance

California Insurance Department Finds Blue Shield 9.8 Percent Increase on Grandfathered Policies “Excessive and Unreasonable,” But Cannot Reject It
The 9.8 percent health insurance premium increase Blue Shield is imposing on the 81,000 members in grandfathered plans regulated by the California Department of Insurance and sold to individuals and families is “excessive and unreasonable,” California Insurance Commissioner Dave Jones said. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Attorney Courtney E. Ervin Elected Partner at Andrews Kurth Read More

FM Global Names New Leaders for EMEA, Asia/Pacific, and Northern Europe
Read More

Richard N. Cohen, Retired Insurance Executive and Former Director of The New York Times Company, Dies at 90
Read More

Three Named to Board of Directors for Surplus Lines Stamping Office of Texas
Read More

Trident Announces New Partnership with AXA ART to Offer Museum Insurance
Read More

View All Industry News

Water as Property Not Covered


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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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