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TODAY'S TOP DEVELOPMENTS Thursday, January 8, 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.


Commercial Property
Judge's Comment to Insurer — "Then Fork Over the Money" — Found Sufficient to Compel Disqualification. And, There Was Plenty More
A Florida appellate court has ruled that a trial judge's statement to an insurance company in an insurance coverage case — "fork over the money" — was sufficient to disqualify the trial judge. The appellate court also found a number of other statements by the trial judge that were sufficient to disqualify the trial judge on their own. Read More

Professional Liability Insurance

Illinois Appeals Court Clarifies When "Claim" Is Filed against Law Firm; Rules that Misrepresentation in Initial Insurance Application Does Not Justify Rescission of Renewal Policy
An appellate court in Illinois has ruled that a misrepresentation in an initial application does not justify rescission of a renewal of the policy where the insured made no misrepresentation in the application for renewal and neither the new policy nor the application for renewal incorporated the initial application for insurance. The appellate court also ruled that a claim against a law firm was made when the firm was advised about a potential lawsuit — not when the lawsuit subsequently was filed. Read More

Automobile Insurance
Insured Only Must Exhaust Liability Coverage of Single At-Fault Motorist — Not All At-Fault Motorists — to Trigger Insurer's Obligation to Provide UIM Benefits, North Carolina Supreme Court Rules
The North Carolina Supreme Court has ruled that, where there was more than one at-fault driver responsible for an accident causing an insured's injuries, the insured only was required to exhaust the liability insurance coverage of a single at-fault motorist to trigger the obligation of the insured's underinsured motorist carrier to provide UIM benefits. Read More

Life Insurance
Alabama Law Bars Change to Life Insurance Policy's Beneficiary in Absence of Insurable Interest, Appeals Court Rules
An appellate court in Alabama has ruled that Alabama law does not allow for the change of a beneficiary on the life-insurance policy of another when the proposed new beneficiary does not possess an insurable interest in the insured. Read More

View All Case Law Developments


FEMA Launches Interim Office of Flood Insurance Advocate
The U.S. Department of Homeland Security's Federal Emergency Management Agency has launched the Interim Office of the Flood Insurance Advocate, led by the Acting Flood Insurance Advocate, David Stearrett. Read More

Health Insurance

Iowa Insurance Commissioner Places Health Insurer CoOportunity Health in Rehabilitation
Iowa Insurance Commissioner Nick Gerhart has submitted a petition for an order of rehabilitation and an Iowa court has issued an order appointing Commissioner Gerhart as rehabilitator of CoOportunityHealth, Inc. Read More

View All Legislative/Regulatory Developments
Lisa G. Iglesias to Become Unum's General Counsel on Retirement of Liston Bishop III Read More

XL Group Introduces Chemical, Biological, Radiological, and Nuclear Product 
Read More

Pacific Life Re Signs New Longevity Reinsurance Agreements with Rothesay Life 
Read More

Berkshire Hathaway Specialty Insurance Unveils Professional First Asset Management Liability Policy 
Read More

OneBeacon Sells Renewal Rights to Lawyers Professional Liability Book to Argo Read More

View All Industry News
Building Coverage versus Business Personal Property Coverage


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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

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