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TODAY'S TOP DEVELOPMENTS Friday, July 19, 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.


Homeowner's Insurance
Allegedly Defamatory Statements Arose Out of Editor's Print and Online "Business Pursuits" and Were Excluded from Coverage, Maine's Highest Court Decides
Allegations in a lawsuit that a print and online publication contained defamatory statements arose out of the editor's "business pursuits" and therefore were excluded from coverage by the editor's homeowner's insurance policy, the Supreme Judicial Court of Maine has ruled.  Read More

Automobile Insurance
Recovery of Underinsured Motorist Benefits Depends on Decedent's Status as an Insured, North Dakota's Top Court Rules
The North Dakota Supreme Court has held that recovery of underinsured motorist benefits arising from a wrongful death claim depends on the decedent's status as an "insured" under an applicable insurance policy. The ruling came in response to a question certified to the court by the U.S. District Court for the District of North Dakota.  Read More

Automobile Insurance
No Coverage for Insured under "Owned but Not Insured" Vehicle Exclusion, Appeals Court Holds
An appellate court in New York has reversed a trial court's decision and has ruled that an insured who alleged that she had been injured in a car she owned but that was not named in the policy was not entitled to supplementary uninsured/underinsured motorist benefits. Read More

Directors & Officers
D&O Insurer Must Pay Full Attorney's Fees Award to Lawyers Who Successfully Challenged Proposed Merger, Circuit Rules
The U.S. Court of Appeals for the First Circuit has affirmed a district court's decision ordering a directors and officers insurance carrier to pay the full amount of an attorney's fee award against its insured including both the lodestar amount and the multiplier amount. The circuit court found that attorney's fees were not subject to the policy's exclusion for the "multiplied portion of multiplied damages."  Read More

View All Case Law Developments


MetLife Continues to Argue that It Should Not Be Designated a Systemically Important Financial Institution
MetLife, Inc., which has been notified by the Financial Stability Oversight Council that it has reached "Stage 3" in the process to determine whether MetLife will be named a non-bank systemically important financial institution under Dodd-Frank, continues to argue that it should not be designated a SIFI. Read More

Superstorm Sandy
New York Attorney General Questions How Charities Are Spending Over $500 Million in Superstorm Sandy-Related Donations
A report released by New York Attorney General Eric T. Schneiderman has found that charitable organizations have not yet spent at least $238 million of the more than $575 million that was raised for Superstorm Sandy relief. Read More

View All Legislative/Regulatory Developments
Allstate to Sell Lincoln Benefit Life Company  Read More

W. R. Berkley Corporation Names Timothy F. Galvin President of Midwest Employers Casualty Company
 Read More

XL Group Unveils Professional and Pollution Insurance Enhancement Package for Contractors and Environmental Consultants
 Read More

Brian Shea Named Chief Corporate Strategy Officer at SCOR
 Read More

ING U.S. Offers New Hospital Indemnity Coverage
 Read More

View All Industry News

Unauthorized Alterations and Coverage under a BOP


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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
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

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