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TODAY'S TOP DEVELOPMENTS Friday, September 19, 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
How an Insured's Affidavit Limiting Potential Judgment to $75,000 Can Divest Federal Court of Subject Matter Jurisdiction
Diversity jurisdiction in federal district courts requires an amount in controversy in excess of $75,000, exclusive of interest and costs. A recent decision in a coverage dispute by a federal district court in Missouri highlights how an insured's affidavit limiting any potential recovery to $75,000 can divest a federal district court of subject matter jurisdiction (at least federal district courts in Missouri), thus requiring resolution of the coverage action in state court. Read More

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

Commercial General Liability
No Occurrence in "Settling Soil" Case, Nebraska Appeals Court Rules
A Nebraska appellate court, reversing a trial court's decision, has ruled that claims against a builder arising out of damage to a home from settling soil did not amount to an occurrence under the builder's commercial general liability insurance policy. Read More

Attorney's Fees
Insurer's Failure to Notify Litigant of Its Disclaimer Leads Court to Order Insurer to Pay Attorneys' Fees and Litigation Costs
An intermediate appellate court in New York, affirming a trial court's decision, has ruled that an insurance company that failed to inform the plaintiff in a personal injury action against its insured that it was disclaiming coverage of its insured in the action was obligated to reimburse the plaintiff for attorneys' fees and litigation costs incurred in the underlying action. Read More

View All Case Law Developments

Alternative Risk and Captives

Captive Insurers Would Be Barred from Federal Home Loan Bank Membership under Proposed FHFA Rule
The Federal Housing Finance Agency is proposing to revise its regulations governing Federal Home Loan Bank membership to, among other things, define the term "insurance company" to mean a company that has as its primary business the underwriting of insurance for nonaffiliated persons. This effectively would exclude captive insurers from Bank membership. Read More

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

View All Legislative/Regulatory Developments
Private Drone Use Causing Many to Worry, Chubb Survey Finds Read More

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

Global Insurance Premium Reached Record $4.9 Trillion in 2013, Aon Benfield Study Reports 
Read More

Swiss Re Corporate Solutions Names Andrew Lake Head of Accident and Health North America 
Read More

Chubb Extends Security Services to Personal Insurance Customers Read More

View All Industry News
Form Analysis
Business Income and Extra Expense Endorsements


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

FC&S Legal: The Insurance Coverage Law Information Center

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