Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Thursday, February 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.


Automobile Insurance
Motor Vehicle Financial Responsibility Law Did Not Negate Policy Exclusion, Missouri Supreme Court Decides
The Missouri Supreme Court, affirming a trial court’s decision, has ruled that the Motor Vehicle Financial Responsibility Law did not negate the “owned by not designated” exclusion in an automobile insurance policy. Read More

Commercial Lines

“Master Agreement” Between Kmart and Footwear Department Operator Limited Obligation of Operator’s Insurer to Indemnify Kmart, Seventh Circuit Holds
The U.S. Court of Appeals for the Seventh Circuit, reversing a trial court’s decision, has ruled that the insurance carrier for the operator of a footwear department at Kmart Corp. was not obligated to indemnify Kmart for a claim against it because the claim did not arise “pursuant to” or “under” the agreement between Kmart and the operator, which specifically precluded Footstar employees from working outside of the footwear department, where the alleged injury had occurred. Read More

Commercial General Liability
Texas Appeals Court Withdraws Opinion Holding that Insured May Be Able to Demonstrate Coverage for Punitive Damages Award
A Texas appeals court has withdrawn an opinion in which it reversed summary judgment in favor of an insurance company and ruled that the insured should have the opportunity to demonstrate that a punitive damages judgment against it was covered by commercial general liability and umbrella policies that had been issued in its favor. The appeals court withdrew its prior opinion after the insurer filed a motion for rehearing on the ground that the case was moot. Read More

Homeowners Insurance
Homeowners’ Alleged Misrepresentation about “Cracking Damage” Was Insufficient to Allow Insurer to Rescind Policy on Summary Judgment, Appeals Court Rules
An appellate court in Florida has ruled that an insurer was not entitled to summary judgment declaring a homeowners’ policy void on the ground that the insureds had misrepresented the condition of their home when they submitted their policy applications, finding ambiguity in the policy question to which the homeowners had replied. Read More

View All Case Law Developments

In the States

Ohio Bans Insurer Use of “Price Optimization”
The Ohio Department of Insurance has banned the use of price optimization by insurance companies. Read More


U.S. Insurance Regulators Call for Multi-State Examination of Anthem
Members of the National Association of Insurance Commissioners (“NAIC”) have called for a multi-state examination of Anthem, Inc., and its affiliates following the discovery of a cybersecurity breach at the health insurance company. Read More

View All Legislative/Regulatory Developments
CFO Richard McKenney Named Unum Group President and Appointed to Its Board; Will Succeed Thomas Watjen as CEO Read More

ACE Launches New Transactional Risk Coverage to Facilitate M&A Deal Negotiations; Edward Markovich Appointed to Lead Initiative 
Read More

Argo Insurance Offers New Excess Casualty Facility 
Read More

Liberty Mutual Appoints Melissa Kayali as West Division Underwriting Manager for Commercial Property Insurance 
Read More

United Insurance Completes Its Acquisition of Family Security Read More

View All Industry News
Wrongful Eviction and Repossession of Boat


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

View Entire January / February Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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.

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 To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
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%%.
©2015 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018