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TODAY'S TOP DEVELOPMENTS Friday, July 31, 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.


Trial Strategy
How to Conduct a Fire Investigation that Withstands an Insurer’s Argument It Was Prejudiced by Late Notice
Local fire departments and insurance investigators typically seek to investigate fires promptly so that they see the evidence in place, process it properly, secure contemporaneous witness statements, and confer with other investigators about possible causes. A decision by the U.S. Court of Appeals for the Eighth Circuit illustrates how they can do so without risking that insurance companies that may later learn of the damage – and of their potential duty to defend and indemnify – will be able to complain that they have been prejudiced. Read More

Homeowners Insurance

No “Occurrence” Where Insured Gave Gun to “Volatile Felon” with “Anger Management Issues” Who Shot and Killed Her Son-in-Law
An appellate court in Wisconsin, affirming a trial court’s decision, has ruled that there was no occurrence under a homeowner’s insurance policy where the insured gave a gun to a “volatile felon” with “anger management issues” who used the gun to shoot and kill her son-in-law. Read More

Automobile Insurance
Citing “Excited Utterance” Exception, Appeals Court Rules that Mother of Girl Injured in Auto Accident Could Testify to Statements Made by Unavailable Witness
An Illinois appellate court, reversing a trial court’s decision and relying on the “excited utterance” exception to the hearsay rule, has ruled that the mother of a girl injured in an automobile accident could testify as to statements made by an unavailable witness to her on the girl’s cell phone after the accident. Read More

Commercial General Liability
Interpreting 1986 ISO CGL Form, N.J. Appeals Court Holds that “Occurrence” Included Water Damage Caused by Subcontractors’ Allegedly Faulty Workmanship
A New Jersey appellate court, reversing a trial court’s decision, has ruled that unintended and unexpected consequential damages caused by subcontractors’ allegedly defective work constituted “property damage” and an “occurrence” under commercial general liability insurance policies that followed the 1986 standard form issued by the Insurance Services Office, Inc., to a general contractor. Read More

View All Case Law Developments

Automobile Insurance

Reacting to Fiat Chrysler Car Hacking, Senators Introduce SPY Car Act to Tackle Security and Privacy of Automobiles’ Computer Systems
In the wake of reports that the computer system of a Jeep Cherokee has been hacked, two U.S. Senators have introduced legislation that would direct the National Highway Traffic Safety Administration and the Federal Trade Commission to establish federal standards to secure cars and to protect drivers’ privacy. Read More

Superstorm Sandy
New York Senators Urge FEMA to Waive “Duplication of Benefits” Rule for Superstorm Sandy Claimants
U.S. Senators Charles E. Schumer (D-N.Y.) and Kirsten Gillibrand (D-N.Y.) have asked the U.S. Department of Housing and Urban Development and the Federal Emergency Management Agency to forego efforts to claw-back National Flood Insurance Program insurance money among Superstorm Sandy victims who are receiving additional flood insurance payouts from FEMA as part of its review of all Sandy claims. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “Eleventh Circuit Denies Coverage for Wrongful Acts of Directors and Officers that Arose Out of Their Allegedly Wrongful Acts as Trustees, an Uninsured Capacity” Read More

FC&S Legal Publishes “Massachusetts Appeals Court Adopts Two-Prong Continuity and Profit Motive Test to Determine Whether Business Pursuits Exclusion Applies Under Homeowners’ Policy” 
Read More

FC&S Legal Publishes “Eleventh Circuit Holds No Duty to Defend Directors Serving in Mixed Capacities” Read More

Increase Coming in Mesothelioma and Asbestos-Related Insurance Claims, According to Assured Research 
Read More

Now We Know How Much Insurance Is Needed to Hold the Summer Olympic and Paralympic Games in the U.S. Read More

View All Industry News
Meaning of "Entrusted" in Contractors Equipment Coverage


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

View Entire July/August Insurance Coverage Law Report
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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.
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 To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or

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