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TODAY'S TOP DEVELOPMENTS Wednesday, March 26, 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 Property
Creditor Could Not Recover Its Force-Placed Insurance Charges, and Had to Pay Debtor's Attorney's Fees, Appeals Court Says
An appellate court in Arizona, in a contract dispute over $381 in force-placed insurance premiums for a commercial fryer purchased through a financing company, has upheld a trial court's decision rejecting the financing company's claim for those funds and awarding the purchaser attorneys' fees and costs of approximately $32,700. Read More

Trial Strategy

The Importance of Applicable State Law in a Bad Faith Action
Oregon and Arizona's policies regarding insurance bad faith are drastically different. Arizona recognizes that conduct constituting insurance bad faith may cause a person to suffer more than mere economic injuries, and thus recognizes it as a tort. Oregon, however, limits bad faith causes of actions to contract, thus making emotional or physical damages unrecoverable. A recent decision by an Arizona appellate court highlights the practical significance of determining, in the first instance, the applicable law governing a bad faith claim. Read More

Directors & Officers
Bank's Losses from Alleged Advance Fee Scheme Were Not Covered by D & O Policy, But Were Covered by Financial Institution Bond, Court Decides
A federal district court in Minnesota has ruled that losses claimed by a bank from an advance fee scheme were not covered by its directors and officers insurance policy – but were covered by the financial institution bond that it had been issued. Read More

Exclusion Barred Coverage of All Claims "Arising Out of" Alleged Assault and Battery, 11th Circuit Holds
The U.S. Court of Appeals for the Eleventh Circuit, affirming a district court's decision, has ruled that an insurance policy's assault and battery exclusion barred coverage of all claims brought against the insured seeking to recover damages for an alleged assault by a security guard employed by the insured. Read More

View All Case Law Developments

In the States

Lyndell Haigood Appointed to Texas Windstorm Insurance Association's Board of Directors
Lyndell Haigood has been appointed by Texas Commissioner of Insurance Julia Rathgeber to serve on the board of directors of the Texas Windstorm Insurance Association for a term to expire in March 2015. Read More

Insurance Fraud

Man Charged with Defrauding Over 270 Floridians in Insurance Scam
David Glincher has been charged with theft, white collar crime, and fraud for allegedly filing car insurance claims on behalf of consumers who either were unaware of the filings or never received claim payouts. Read More

View All Legislative/Regulatory Developments
The World's Most Ethical Insurance Companies Are... Read More

Liberty Mutual Accident & Health Launches New Product Series 
Read More

Marsh Reports on Captives 
Read More

Bart Zanelli Appointed Head of Advisory for North America at JLT Towers Re 
Read More

Auto Club Trust and American Midwest Bank Announce Merger 
Read More

View All Industry News
Entertainers Insurance


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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

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

FC&S Legal: The Insurance Coverage Law Information Center

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