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TODAY'S TOP DEVELOPMENTS Tuesday, February 25, 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.


Commercial General Liability
Contingent Business Interruption Coverage Claim Fails Where Manufacturer's Losses Did Not Stem from a "Direct" Supplier
The U.S. Court of Appeals for the Fourth Circuit, reversing a district court decision, has ruled that a titanium dioxide processor was not entitled to contingent business interruption coverage for losses it had suffered when it had to close down its processing facility, where the losses did not stem from a "direct" supplier. Read More

Professional Liability Insurance

Attorney's Late Notice of Claim Did Not Prejudice Insurer, Entitling Him to a Defense, Wisconsin Appeals Court Rules
An appellate court in Wisconsin has ruled that a professional liability insurance company was obligated to defend its insured, an attorney, in a lawsuit brought by former clients against the attorney despite the attorney's late notice of the claim where the insurer was unable to demonstrate that the delay had resulted in prejudice to it. Read More

Homeowners Insurance
In Tree Trimming Case Brought by One Neighbor against Another Neighbor, California Appellate Court Finds No "Occurrence"
An appellate court in California has affirmed a district court's decision that a homeowner's insurance carrier was not obligated to defend a homeowner who was sued for trespass and for "deliberately" cutting down trees on a neighbor's property. Read More

Homeowners Insurance
Suit Alleging Intentional Sexual Assault by Insured's Minor Son Did Not Allege an "Occurrence," Even Where It Also Added Negligence Causes of Action, Court Rules
A federal district court in Connecticut has ruled that a homeowner's insurance carrier was not obligated to defend or indemnify a homeowner for a lawsuit claiming that her son, a minor, had sexually assaulted the plaintiff's daughter, also a minor, even though the complaint also contained negligence causes of action. Read More

View All Case Law Developments

Life Insurance

U.S. Reportedly Is Examining Tax Evasion Implications of Swiss Private Placement Life Insurance Policies
Having made their position quite clear with respect to undeclared Swiss bank accounts held by U.S. citizens, the U.S. Justice Department and the Internal Revenue Service reportedly are examining the income tax evasion properties, if any, associated with private placement life insurance policies issued to Americans by Swiss insurance companies. Read More

Workers Compensation

Prosecutors Allege Spinal Surgery Kickback Fraud Cost California Workers' Comp Insurers Up To $500 Million
Michael D. Drobot, the former owner of Pacific Hospital in Long Beach, California, has been charged in what prosecutors assert was a long-running health care fraud scheme that involved tens of millions of dollars in illegal kickbacks in exchange for referrals of thousands of patients who received spinal surgeries. Read More

View All Legislative/Regulatory Developments
Dan Fishbein to Become President of Sun Life Financial U.S. Business Group  Read More

USAA CEO and President Robles Announces Retirement in 2015  
Read More

David L. Thompson, Jr., Promoted to Divisional Group President of Great American Insurance  
Read More

AIG Announces New Product to Cover Cross-Border Casualty Risks for U.S. Multinational Companies  
Read More

Wells Fargo Insurance Names Stefani Tygar Barnes Head of Personal Insurance Business  
Read More

View All Industry News

DP 00 02 07 14 - Dwelling Property 2 - Broad Form


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View Entire February 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 ($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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