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TODAY'S TOP DEVELOPMENTS Tuesday, April 14, 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.


Commercial General Liability
Vermont Supreme: Pollution Exclusion Excluded Coverage for Claim that Exposure to Airborne Chemicals and Residues from Spray-Foam Insulation Led to Bodily Injury
The Vermont Supreme Court, reversing a trial court’s decision, has ruled that a pollution exclusion in a commercial general liability insurance policy excluded coverage for a lawsuit against the insured contractor in which the plaintiff asserted that she had been exposed to airborne chemicals and airborne residues from spray-foam insulation applied by the contractor and that she had suffered bodily injury as a result. Read More

Homeowners Insurance

Minnesota Supreme: Insureds’ “Substituted Service” on Nonresident Insurer Was Effective Even though They Filed Affidavit of Compliance after Policy’s Limitations Period Had Passed
The Minnesota Supreme Court has ruled that an insured couple had commenced an action against their nonresident insurance company in a Minnesota state court under Minnesota law when they sent a copy of the process to the Minnesota Commissioner of Commerce by certified mail – and that the service was effective where a copy of the process was sent to the insurer and the insureds’ affidavit of compliance was filed in the action before the return day of process, even though that had occurred after the limitations period in the insurer’s policy had passed. Read More

Attorney's Fees
Alaska Supreme: Award of Attorneys’ Fees and Costs to Insurer Was Not Error Where Jury’s Award to Insured Was More than Five Percent Smaller than Insurer’s Offer of Judgment
The Alaska Supreme Court has upheld a trial court’s decision to award attorneys’ fees to an insurer where the jury’s award in favor of the insured was more than five percent smaller than the amount of the insurer’s offer of judgment. Read More

Workers Compensation
South Dakota Supreme: Monies from Collateral Sources May be Used to Reduce Statutory Workers’ Comp Offset
The South Dakota Supreme Court, in a case of first impression, has ruled that monies from collateral sources may be used to reduce the statutory workers’ compensation offset in South Dakota law. Read More

View All Case Law Developments

Alternative Risk and Captives

I.R.S. Investigating “Abusive” Small or “Micro” Captive Insurance Companies
The Internal Revenue Service is looking into what it characterizes as “small” or “micro” captive insurance companies involving “abusive” structures created by “unscrupulous promoters.” Read More

In the States

NAIC Releases Annual Report
The National Association of Insurance Commissioners has released its 2014 annual report, “State-Based Insurance Regulation: Protecting the Future.” The NAIC said that its report uses the “protecting the future” theme to illustrate how regulators work together to ensure the success and security of state-based regulation. Read More

View All Legislative/Regulatory Developments
Mutual of America Life Insurance Names John R. Greed President Read More

Goldberg Segalla Joins ICMIF as a Supporting Member 
Read More

FAA Approves AIG and USAA Requests for Drone Use Read More

Victor Villegas Named Divisional President of Great American Insurance Group 
Read More

Bruce Ferris Is the New Chairman of the Insured Retirement Institute Board of Directors Read More

View All Industry News
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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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