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TODAY'S TOP DEVELOPMENTS Wednesday, April 13, 2016  

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.


Homeowners Insurance
After Pet Dog is Attacked, Wisconsin Appeals Court Limits Damages Payable to Its Owners
An appellate court in Wisconsin, affirming a trial court’s decision, has agreed with insurance carriers that damages payable to the owners of a dog that was attacked and badly injured by a larger dog were limited to the cost of a replacement dog of the same breed, doubled, notwithstanding the amount of veterinary costs and other expenses incurred in “repairing” the injured dog.  Read More

Homeowners Insurance
New Hampshire Supreme: No Coverage for Claim that Webmaster “Hacked” Another Computer
The New Hampshire Supreme Court, affirming a trial court’s decision, has ruled that insurance companies did not have to defend a club member against claims that he had hacked another person’s computer and had broken her vehicle’s window.  Read More

Workers Compensation
Nevada Supreme: Workers’ Comp Claimant Is Not Limited to Spending Third-Party Settlement Funds on Medical Benefits to Reopen Workers’ Comp Claim
The Nevada Supreme Court, reversing a lower court’s decision, had ruled that a workers’ compensation claimant who received third-party settlement funds was not limited to spending those funds on medical benefits to be able to reopen his or her workers’ compensation claim.  Read More

Commercial General Liability
Asbestos: Policies Were Triggered by Injury Alone, Not by Both Exposure and Injury, California District Court Rules
A federal district court in California, in an asbestos coverage case involving excess insurance policies, has ruled that “only injury or damage within the policy period” triggered coverage and the “time of the event or exposure leading to the injury” was “irrelevant.”  Read More

View All Case Law Developments


Appointment of New Deputy Governor for Prudential Regulation
In the United Kingdom, the HM Treasury has announced that Her Majesty The Queen has agreed, on the recommendation of the Chancellor and Prime Minister, to appoint Sam Woods as Deputy Governor for Prudential Regulation and Chief Executive of the Prudential Regulation Authority.  Read More

Health Insurance
New York Creates Special Health Insurance Enrollment Period for Domestic Violence Victims
Insurers and HMOs offering comprehensive health insurance coverage through the New York State of Health individual marketplace now are required to allow victims of domestic violence, or spousal abandonment, to enroll in insurance plans at any time of the year.  Read More

View All Legislative/Regulatory Developments
Tokio Millennium Re Appoints Andreas Kull Chief Risk Officer   Read More

Crowell & Moring Adds Insurance/Reinsurance Partner Mark Meyer in London   
Read More

Everest Re Group Names Michael G. Kerner as Executive Vice President and Head of Strategy and Risk Management   
Read More

Chubb Launches CODA Policy Addressing Growing Risk for Mutual Fund Independent Directors and Trustees   
Read More

FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: New Jersey”   
Read More

View All Industry News
No Duty to Defend Based on Pollution Exclusion


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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
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

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