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TODAY'S TOP DEVELOPMENTS Monday, January 5, 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.


Homeowners Insurance
Seventh Circuit Again Refuses to Limit Continuous Trigger to Third-Party Coverage Cases and to Universally Apply Manifestation Trigger to First-Party Coverage Cases
For the second time since 2012, the U.S. Court of Appeals for the Seventh Circuit, applying Wisconsin law, has refused to limit the continuous trigger to third-party coverage cases and to universally apply the manifestation trigger to first-party coverage cases Read More

Automobile Insurance

Bankrupt Insureds Could Exempt Uninsured Motorist Benefits under Tennessee Law Allowing Exemption for Accident and Health Insurance
A bankruptcy court in Tennessee has ruled that two debtors under Chapter 7 of the U.S. Bankruptcy Code could exempt uninsured motorist benefits they received after entering bankruptcy that arose from a prepetition automobile accident under a provision of Tennessee law providing an exemption for benefits paid under accident or health insurance policies. Read More

Commercial General Liability
New York's Highest Court Rules that Insurer's Disclaimer Was Ineffective When It Was Sent Only to the Insured, and Not to the Additional Insureds
New York's highest court, the New York Court of Appeals, has ruled that a disclaimer sent by an insurance carrier to its insured, but not to the additional insureds, was ineffective with respect to the additional insureds under New York insurance law. Read More

Business Owners
Appeals Court Agrees that Employer's Business Owners' Liability Policy Was Primary to Employee's Umbrella Coverage
An appellate court in New Jersey, affirming a trial court's decision, has ruled that an employer's business owners' liability insurance policy was primary to an employee's personal umbrella policy and that the employer's insurer had to reimburse the employee's umbrella carrier for the payments it had made to settle a lawsuit brought against the insureds. Read More

View All Case Law Developments

In the States

Maryland Warns Insurers Against Using "Price Optimization" to Rate Insurance Policies and Demands Corrective Action Plans
The Maryland Insurance Administration has issued a bulletin warning insurers not to use "price optimization" to rate insurance policies in Maryland — and requiring that insurers that use price optimization to rate insurance policies in Maryland file a corrective action plan with the MIA no later than January 1, 2014. Read More

Insurance Fraud

Two Michigan Insurance Agents Guilty in Statewide Fake Insurance Scam Involving Underground Storage Tanks
The Environmental Protection Agency and the Federal Bureau of Investigation have uncovered and disrupted a scheme involving the fabrication of insurance certificates that were sold to owners and operators of underground storage tanks throughout the state of Michigan. Read More

View All Legislative/Regulatory Developments
Locke Lord, Edwards Wildman to Combine Read More

Airbnb Introduces Host Protection Insurance 
Read More

Competition for Deals Fuels Rapid Adoption of Transactional Risk Insurance Among Global Deal Community, Marsh Research Shows 
Read More

Former General Counsel of the Florida Office of Insurance Regulation Joins GrayRobinson to Create New Insurance Regulation Practice 
Read More

MetLife Completes Merger of Three Life Insurance Companies and One Former Offshore Reinsurance Subsidiary Read More

View All Industry News
Depreciation of Labor


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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, 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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