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TODAY'S TOP DEVELOPMENTS Monday, November 25, 2013

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.


Homeowners Insurance
Sinkhole Coverage Battles Continue in Florida as Court Confirms It Will Not Apply Statutory Definition of "Structural Damage" Retroactively
A federal district court in Florida has confirmed that the new statutory definition of "structural damage" will not be applied retroactively in an insurance coverage case involving a sinkhole. Read More

Homeowners Insurance

West Virginia's Highest Court Finds "Collapse" to be Ambiguous and Rules that It Includes Something Less than "Complete Falling In"
West Virginia's highest court, the Supreme Court of Appeals, has ruled that the term "collapse" as used (but not defined) in a homeowner's insurance policy was ambiguous, meant something less than "complete falling in" of a kitchen floor, and included "substantial impairment of the structural integrity" of the floor. The court also held that whether an insured should have known that decay was causing her kitchen floor to sink was a genuine issue of material fact that had to be decided by a jury. Read More

Homeowners Insurance
Statements in Bankruptcy Schedules Doom Insured's Ability to Later Claim Damages under Her Homeowners Policy Based on Judicial Estoppel
A homeowner's statements in her bankruptcy case about property she owned have doomed the claim the subsequently filed under her homeowners policy for damages she allegedly suffered as a result of a fire in her home based on judicial estoppel. Read More

Homeowners Insurance
Lead Exclusion in Landlord's Policy Did Not Violate Public Policy, Appellate Court Holds
An intermediate appellate court in New York has affirmed a trial court's decision that a lead exclusion in a landlord's insurance policy did not violate public policy and barred coverage of a tenant's claims for bodily injury allegedly sustained as a result of lead poisoning. Read More

View All Case Law Developments

Workers Compensation

Family Convicted for Workers' Compensation Insurance Fraud
Jeffrey Thranow, the owner of Costa Bella Builders in California, has been convicted of committing workers' compensation insurance premium fraud for his part in failing to report employees to his insurance carrier or to the California Employment Development Department. Read More

In the States

Rebecca Matthews Named Interim Chief of Staff of Florida Office of Insurance Regulation
Florida Insurance Commissioner Kevin McCarty has named Rebecca Matthews as interim chief of staff of the Office of Insurance Regulation. Read More

View All Legislative/Regulatory Developments
Cyber-Crime is a Major Threat to Companies Today, EY Survey Finds Read More

Top 10 Women in Insurance Leadership Named by Insurance Networking News
Read More

XL Group Enhances Up + Running Equipment Breakdown Insurance with Added Perishable Goods Protection
Read More

Marsh Names Mary-Beth Hahn and Kathy O'Leary Casualty Leaders
Read More

RSA Insurance Ireland Suspends CEO Philip Smith, CFO Rory O'Connor, and Claims Director Peter Burke
Read More

View All Industry News

Bailee's Customer Insurance


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

View Entire October/November 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 ($795 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].

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