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TODAY'S TOP DEVELOPMENTS Wednesday, September 17, 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.


Environmental Liability
Nebraska Supreme: "Discharge," "Dispersal," "Spill," "Release," and "Escape" Encompass "All Possible Movements" by which Harmful Exposure to Lead-Based Paint May Occur
The Nebraska Supreme Court has ruled that the manner of exposure to lead-based paint was not a material fact that should prevent summary judgment in an insurance coverage dispute because the manner of exposure did not affect whether there had been a "discharge, dispersal, spill, release or escape" for purposes of the policy's pollution exclusion. Read More

Automobile Insurance

Negligent Misrepresentation Claim May Proceed Against Insurer, Appeals Court Rules
An appellate court in Florida has reversed a trial court's decision dismissing a negligent misrepresentation claim against an insurance company, finding that allegations that an agent had misrepresented coverage were sufficient to permit the claim to proceed. Read More

District Court Finds Policy's Forum Selection Clause to be Valid and Enforceable
A federal district court in Missouri has ruled that a forum selection clause in a second-layer excess liability policy was enforceable, and ordered venue moved to the U.S. District Court for the Southern District of New York. Read More

Errors & Omissions
Chapter 7 Debtor's Right to Indemnification under E & O Policy Is Property of Debtor's Bankruptcy Estate, District Court Rules
The U.S. District Court for the District of New Hampshire has ruled that a Chapter 7 debtor's right to indemnification under an errors and omissions liability insurance policy was property of the debtor's bankruptcy estate. Read More

View All Case Law Developments

Automobile Insurance

California Hearing Addresses Insurance for Self-Driving Cars
California Insurance Commissioner Dave Jones has held a public hearing at the Tech Museum of Innovation in San Jose to obtain public input regarding liability and insurance issues associated with self-driving cars. Read More

Insurance Fraud

Florida Pastor Sentenced to Prison for Life Insurance Fraud
Nathaniel A. McNeil, a pastor in Pensacola, Florida, has been sentenced to 68 months in prison, followed by a three year term of supervised release, for engaging in a life insurance scheme with at least 1,249 victims. Read More

View All Legislative/Regulatory Developments
Global Insurance Premium Reached Record $4.9 Trillion in 2013, Aon Benfield Study Reports  Read More

ACP Re Completes Acquisition of Tower Group International 
Read More

Marsh & McLennan Companies Names Carey S. Roberts Deputy General Counsel and Corporate Secretary 
Read More

ACE Launches Global Primary Casualty Unit for U.S. and Canadian Multinational Companies 
Read More

Canopius Expands U.S. Presence Read More

View All Industry News
Builders Risk Pro Rata Cancellation Question


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

View Entire September 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

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