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TODAY'S TOP DEVELOPMENTS Wednesday, June 4, 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.


Attorney's Fees
Anatomy of a Fee Award
How do courts determine the amount of attorney's fees to be awarded to a prevailing insured in a coverage case against an insurance carrier? A decision by a federal district court in South Carolina highlights the analysis federal courts (at least in the Fourth Circuit Court of Appeals) undertake in these circumstances. Read More

Commercial General Liability

Missouri Supreme: No Coverage Where Lender Sued for Wrongful Repossession Had Intended to Repossess the Vehicle
The Missouri Supreme Court, sitting en banc, has reversed a lower court's decision and has ruled that a commercial general liability insurance policy's "expected or intended injury" exclusion unambiguously applied to bar coverage for claims against a payday and title lending company that was sued for wrongfully repossessing a vehicle where the insured had intended both the act of repossessing the vehicle and the underlying plaintiff's resulting harm - her loss of use of the vehicle. Read More

Trial Strategy
How to Defeat Diversity in an Excess Carrier's DJ Action
Suppose an excess insurance carrier files a declaratory judgment action in federal court but that the policyholder wants to have the dispute resolved in state court. What can the insured do? As a recent decision by a federal district court in California suggests, if the excess insurer did not name the primary insurer, or other excess carriers, the insured may be able to move to dismiss for failure to join one or more necessary parties. Read More

Eye on the Experts
Bad Faith Compendium: Utah
Insurance bad faith law is like a quilt, a patchwork that varies from square to square - in this instance, common law decisions, statutes and codes that differ widely from state to state. Insurer conduct that is benign in one jurisdiction may rise to the level of bad faith conduct in another. The 21th installment of the compendium reviews bad faith law in Utah. Read More

View All Case Law Developments

Terrorism Risk Insurance

Senate Banking Committee Meets to Consider TRIA Reauthorization
The U.S. Senate Committee on Banking, Housing, and Urban Affairs is meeting in executive session this morning to consider S. 2244, the Terrorism Risk Insurance Program Reauthorization Act of 2014. Read More

Health Insurance

N.Y. Doctor Sentenced to Jail for Stealing Insurance Payments
A doctor once employed by Beth Israel Medical Center in New York City has been sentenced to six months in jail for stealing insurance payments from the hospital, and for cheating on his income taxes. Read More

View All Legislative/Regulatory Developments
Value of Fraudulent Insurance Claims Hits Record Level, According to Association of British Insurers Read More

Argo Pro to Offer Commercial Crime Insurance Coverage 
Read More

Autobrake Helps Cars Earn Top Ratings for Front Crash Prevention 
Read More

Chambers USA Announces Awards for Insurance Law Firm Excellence; the Winners Areā€¦ 
Read More

Allianz Names Captain Rahul Khanna as New Global Head of Marine Risk Consulting Read More

View All Industry News
Intentional Acts and Unintentional Results


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

View Entire June 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
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, Rivkin Radler 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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