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TODAY'S TOP DEVELOPMENTS Tuesday, February 4, 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
Targeting Insurance Proceeds After a Putative Tortfeasor Enters Bankruptcy
When a putative tortfeasor enters bankruptcy, a plaintiff's ability to recover damages is at risk – but it has not necessarily disappeared. If the putative tortfeasor is insured, the plaintiff has an avenue to seek to recover its losses. In these circumstances, however, the plaintiff must carefully traverse the rules of the federal Bankruptcy Code – and applicable insurance law. A recent decision by the U.S. Court of Appeals for the Sixth Circuit highlights some of the difficulties, while offering some valuable strategic advice. Read More

Homeowners Insurance

Criminal Act Exclusion Bars Coverage for Claim that Bottle Rocket Damaged a Minor's Eye
A federal district court in Kentucky has ruled that there was no coverage under a homeowner's insurance policy for a lawsuit seeking to impose liability on the homeowners for damages allegedly caused by a bottle rocket that hit a minor in the eye. Read More

Professional Liability Insurance
No Coverage for Title Insurer for Independent Agency's Alleged Fraud
Affirming a district court decision, the U.S. Court of Appeals for the Sixth Circuit has ruled that a professional liability insurance policy did not provide coverage to a title insurer for the alleged fraudulent acts of an independent agency for which it was not "legally responsible." Read More

Automobile Insurance
Lawyer's Death Is Sufficient to Excuse Insureds' Failure to Timely Serve Complaint on Their Insurer
A federal district court in Nevada has ruled that the death of the insureds' attorney amounted to "good cause" to extend the time within which they had to serve a complaint on their insurance company. Read More

View All Case Law Developments

Health Insurance

Maryland Insurance Administration Warns against Discrimination against Transgender Individuals
The Maryland Insurance Administration has issued a bulletin warning carriers that they may not discriminate among insureds under a health benefit plan on the basis of an insured's actual or perceived gender identity, or on the basis that an insured is a transgender individual. Read More

Health Insurance

Virginia Kills Bill Requiring Insurers to Notify Third Parties Before Canceling Long Term Care Policies 
A subcommittee in the Virginia House of Delegates has declined to send a bill to the full House that would have required that insurance companies notify a third party before canceling a long term care insurance policy. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Litigator Amy Elizabeth Stewart Elected to American College of Coverage and Extracontractual Counsel  Read More

FC&S Legal Publishes Nelson Levine de Luca & Hamilton's Bad Faith Compendium: District of Columbia 
Read More

Chubb Board Approves New $1.5 Billion Share Repurchase Program  
Read More

ACE Appoints Anthony O'Brien as Regional Head of Marine Insurance  
Read More

Aviva Releases Cancer Claims Statistics Ahead of World Cancer Day  
Read More

View All Industry News

Executive Liability Coverage


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

View Entire February Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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 ($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 [email protected].

FC&S Legal: The Insurance Coverage Law Information Center

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