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TODAY'S TOP DEVELOPMENTS Monday, April 13, 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.


Professional Liability Insurance
“Deficient Email” Notice of Potential Claims Dooms Lawyer’s Bid for Coverage of Malpractice Claims
An Illinois appellate court, affirming a trial court’s decision, has ruled that a professional liability insurance carrier was not obligated to defend a law firm and lawyer against two malpractice actions where the insureds had provided only “deficient email” notice of the claims while the policy was in effect. Read More

Professional Liability Insurance

“Insured’s Status” and “Business Enterprise” Exclusions Barred Coverage of Claims against Law Firm and Its Two Partners, N.Y. Appeals Court Decides
An appellate court in New York, reversing a trial court’s decision, has ruled that the “insured’s status” and “business enterprise” exclusions to coverage in a lawyers’ professional liability insurance policy barred coverage of claims brought against the insured firm and its two partners that arose at least in part from one partner’s status as the manager of a business enterprise in which he had a controlling interest. Read More

Vacancy Exclusion for “Vandalism” Loss Did Not Apply to Fire Damage Caused by Transient’s Warming Fire, California Appeals Court Rules
An appellate court in California, reversing a trial court’s decision, has ruled that avacancy exclusion in a policy for a loss from “vandalism or malicious mischief” did not apply to bar coverage for fire damage caused by a warming fire started by a transient that spread to other parts of the property. Read More

Commercial General Liability
Lead-Based Paint is Not a “Pollutant,” Appeals Court Holds in Case of First Impression in Georgia
An appellate court in Georgia, in a case of first impression in the state, has reversed a trial court’s decision and ruled that lead-based paint is not a “pollutant” for purposes of a pollution exclusion clause in a commercial general liability insurance policy. Read More

View All Case Law Developments

In the States

Interstate Insurance Product Regulation Commission Elects New Officers
The Interstate Insurance Product Regulation Commission has elected a slate of new officers. Read More

Insurance Fraud

Florida Insurance Agent Charged with Selling Fraudulent Policies to Elderly Military Families
Patrice Sands, a Florida insurance agent, has been charged with selling fraudulent insurance policies to elderly military veterans and their families at Make-A-Wish Veterans, Inc., a Miami-based company that provides assistance to veterans. Read More

View All Legislative/Regulatory Developments
Historic Reinsurance Cycle under Extreme Strain and ILS Funds Are Not Immune from Challenges, Willis Re Reports Read More

XL Group Launches Global Security Insight Platform 
Read More

FC&S Legal Publishes “Supreme Court of Texas Marries Contractual Limitations to Insurance Policies” Read More

John Hancock Partners with Vitality on Life Insurance “Healthy Living” Product 
Read More

Hamilton Completes Sportscover Acquisition Read More

View All Industry News
Form Analysis
Bailees Customers Coverage Form


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

View Entire March / April Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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
Cort T. Malone, Anderson Kill, P.C.

Richard 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
Thomas F. Segalla, Goldberg Segalla
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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