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TODAY'S TOP DEVELOPMENTS Tuesday, May 2, 2017  

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
Washington Supreme: "Efficient Proximate Cause Rule" Limited Scope of Pollution Exclusion in Third-Party Coverage Cases
The Washington Supreme Court for the first time has ruled that the "efficient proximate cause rule" applied in third-party coverage cases and, as a result, it found that an insurer had wrongfully refused to defend its insured in a case alleging that the negligent installation of a hot water heater — a normally nonpolluting appliance — led the hot water heater to discharge toxic levels of carbon monoxide fumes.  Read More

Homeowners Insurance
Idaho Supreme: "Faulty, Inadequate or Defective Work" Exclusion Did Not Preclude Coverage for Demolished Home That Hadn't Been Rebuilt
The Idaho Supreme Court has ruled that the faulty, inadequate, or defective work exclusion in a homeowners policy did not preclude coverage for the insured's claim that her house had been demolished by a renter who had an option to purchase, but who then never rebuilt her house.   Read More

Automobile Insurance
Utah Supreme: UIM Insurer Need Not Duplicate Workers Comp Benefits
The Utah Supreme Court has ruled that an underinsured motorist insurance company, as a secondary insurer, must pay damages in excess of the primary workers compensation insurer and may not reduce its policy limits by the benefits paid by workers compensation, but need not duplicate benefits already paid by the workers compensation carrier.   Read More

Automobile Insurance
Alabama Supreme: Insurer's Liability for Impairing Hospital Lien is Limited
The Alabama Supreme Court has ruled that an insurance company that impaired a hospital's lien was liable only for the amount that had been impaired and not the entirety of the hospital's reasonable charges. Read More

View All Case Law Developments

Federal Actions

Brock Long Nominated as FEMA Administrator
President Donald Trump has nominated Brock Long to be administrator of the Federal Emergency Management Agency.  Read More

Insurer Insolvency
Over 1,700 Maryland Policyholders Affected by Liquidation of Penn Treaty and American Network Insurers
Over 1,700 Marylanders have been affected by the Penn Treaty liquidation that occurred in Pennsylvania.  Read More

View All Legislative/Regulatory Developments
Top 10 Industry News Developments from FC&S Legal for April   Read More

Top 10 Eye on the Experts Articles from FC&S Legal for April   
Read More

New Executive at W.R. Berkley to Evaluate Insurtech Investments   
Read More

Consortium Plans to Test Fleet of Driverless Vehicles from Oxford to London in 2019   
Read More

New Insurance Option for Amazon Sellers   
Read More

View All Industry News
Non-Damaged Property that Required Replacement after Superstorm Sandy is Not Covered


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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

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