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TODAY'S TOP DEVELOPMENTS Friday, February 28, 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.


Commercial General Liability
Contingent Business Interruption Coverage Claim Fails Where Manufacturer's Losses Did Not Stem from a "Direct" Supplier
The U.S. Court of Appeals for the Fourth Circuit, reversing a district court decision, has ruled that a titanium dioxide processor was not entitled to contingent business interruption coverage for losses it had suffered when it had to close down its processing facility, where the losses did not stem from a "direct" supplier. Read More

Life Insurance

Court Rejects Claim for "Accidental Death" Benefits Where Heart Disease Was At Least a "Contributing Factor" to the Insured's Death in Auto Accident
A federal district court in Massachusetts has granted summary judgment to an insurance carrier, finding that it was not liable for accidental death benefits where the evidence demonstrated that the insured's heart disease was at least a contributing factor to his death in an automobile accident. Read More

Commercial General Liability
Policy Exclusions Bar Coverage for "Unsolicited Fax" Claims under Telephone Consumer Protection Act, Court Decides
A federal district court in Oklahoma has ruled that exclusions in commercial general liability insurance and umbrella policies excluded coverage for claims against the insured for sending unsolicited fax advertisements in violation of the federal Telephone Consumer Protection Act and the Illinois Consumer Fraud and Deceptive Business Practice Act, and for common law conversion. Read More

Professional Liability Insurance
Attorney's Late Notice of Claim Did Not Prejudice Insurer, Entitling Him to a Defense, Wisconsin Appeals Court Rules
An appellate court in Wisconsin has ruled that a professional liability insurance company was obligated to defend its insured, an attorney, in a lawsuit brought by former clients against the attorney despite the attorney's late notice of the claim where the insurer was unable to demonstrate that the delay had resulted in prejudice to it. Read More

View All Case Law Developments

Life Insurance

U.S. Reportedly Is Examining Tax Evasion Implications of Swiss Private Placement Life Insurance Policies
Having made their position quite clear with respect to undeclared Swiss bank accounts held by U.S. citizens, the U.S. Justice Department and the Internal Revenue Service reportedly are examining the income tax evasion properties, if any, associated with private placement life insurance policies issued to Americans by Swiss insurance companies. Read More


As House Moves to Vote on Flood Insurance Bill, Groups Warn of Risks and Advocate Alternatives 
Is the House of Representatives about to "roll back vital reforms" to the National Flood Insurance Program and on the verge of voting to "gut" the Biggert-Waters Act? Or is its expected vote on flood insurance legislation an effort to correct unintended consequences of the Act? Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes Nelson Levine de Luca & Hamilton's Bad Faith Compendium: Maryland Read More

Insurance Coverage Litigator Erika Bright Joins Wick Phillips as Partner 
Read More

Insurance Information Institute Publishes 2014 Edition of "A Firm Foundation: How Insurance Supports the Economy" 
Read More

Dan Fishbein to Become President of Sun Life Financial U.S. Business Group 
Read More

Ironshore Names James Bishop to Lead Its New Yacht Insurance Business 
Read More

View All Industry News

Residence Issue When Insured Travels for Business More Than He Is at Home


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View Entire March Insurance Coverage Law Report
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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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