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TODAY'S TOP DEVELOPMENTS Tuesday, June 10, 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.


Trial Strategy
When Bankruptcy Intervenes During a Coverage Dispute, Promptly Seeking Relief from the Bankruptcy Court May Be Crucial for Insurers
Insurance carriers often are in the position of seeing coverage battles halted when an insured enters bankruptcy. As a recent decision by a U.S. bankruptcy court in Wisconsin makes clear, an insurance company in this situation might want to seek relief from the bankruptcy court promptly, before delay harms its arguments in favor of obtaining relief. Read More

Commercial General Liability

The Kippenberger Episode: Appellate Court Finds Coverage for Installer that Allegedly Damaged Paintings During Installation
An appellate court in California, affirming a trial court’s decision, has ruled that an art installation company’s commercial general liability insurance provided coverage for claims that it had damaged several paintings by German artist Martin Kippenberger while it was installing them, when an employee allegedly removed cardboard frames that were part of the artwork. Read More

Personal Watercraft
The Sinking of “Sweet Dreams,” and How the Fifth Circuit Treated an Arbitrator’s Decision to Dismiss an Arbitration between the Insured and His Insurer
The U.S. Court of Appeals for the Fifth Circuit, affirming a district court’s decision, has ruled that an arbitrator did not violate the Federal Arbitration Act in dismissing, as untimely, an arbitration brought by an insured against his insurance company. Read More

Commercial General Liability
Parsing Assault and Battery Exclusion, Appeals Court Finds It Applied to Alleged Assault by Tavern’s Patrons, and Not Just Its Employees
In a case of first impression in Massachusetts, an appellate court explored the effect of the final phrase of an assault and battery exclusion in a commercial general liability insurance policy: “committed by any Insured or an employee or agent of the insured.” Read More

View All Case Law Developments

Automobile Insurance

Virginia Orders Uber and Lyft to Cease and Desist Their “Illegal Operations” – and Warns Drivers that They Face Penalties
Virginia’s Department of Motor Vehicles has ordered Uber Technologies, Inc., and Lyft, Inc., to “cease and desist” operating in Virginia. Read More

Automobile Insurance

As Governor Signs Bill, Colorado Welcomes Ride-Share Companies – and Sets Forth Minimum Insurance Standard, at Least for Now
Colorado Governor John W. Hickenlooper has signed Colorado’s Transportation Network Company Act, SB125, into law. Read More

View All Legislative/Regulatory Developments
Insurance Law Attorneys Nelson C. Bellido, Diego J. Arrendondo, and Eric M. Fresco Join Roig, Tutan, Rosenberg, Martin & Stoller Read More

Tokio Millennium Re AG Establishes U.S. Branch 
Read More

Former Deloitte Vice Chairman William C. Freda Joins Board of Hamilton Insurance Group 
Read More

FC&S Legal Publishes Nelson Levine De Luca & Hamilton’s Bad Faith Compendium: Virginia 
Read More

MSIG at Lloyd’s Names Avraam Avraam Class Underwriter of Health Care Read More

View All Industry News
Faulty Construction Exclusion and Ensuing Covered Loss Claim


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

View Entire June 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
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, Rivkin Radler 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

FC&S Legal: The Insurance Coverage Law Information Center

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