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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
Duty to Defend Triggered Where Government Communicates “Explicit or Implicit Threat” of Consequences by Reason of Contamination, Washington Appeals Court Rules
An appellate court in Washington has ruled that the term “suit” in commercial general liability (“CGL”) insurance policies was ambiguous in the context of a duty to defend “any suit” when an owner of contaminated property faced strict liability under the Model Toxics Control Act (“MTCA”), Chapter 70.105D RCW. The appellate court also decided that such strict liability may trigger the duty to defend under CGL insurance policies even if no government agency has taken or overtly threatened formal legal action – at least where a government agency has communicated an explicit or implicit threat of immediate and severe consequences by reason of the contamination. Read More

Commercial General Liability

Did Pollutant, or Lack of Oxygen, Kill Sewer Worker? Issue Leads Court to Rule that Insurers May Have Duty to Indemnify Insureds
Although it found that insurance carriers did not have a duty to defend their insureds, a federal district court in Texas has ruled that they may have a duty to indemnify them, where an amended autopsy report raised a genuine issue of material fact as to whether a sewer worker’s death fell outside the policies’ pollution exclusion. Read More

Father Drew’s “Counseling Incident,” and Why a Court Rejected His Coverage Claim
A federal district court in New Jersey has ruled that an insurance company was not obligated to defend or indemnify a priest who allegedly had an affair with a parishioner and then was sued by her husband. Read More

Acknowledging Circuit Split, Federal Court Asserts Jurisdiction Over State Law Fraud Claim against Flood Insurer
The U.S. District Court for the Eastern District of New York, acknowledging a split among the circuits and issuing what appears to be the first decision in the Second Circuit Court of Appeals on the issue, has ruled that a state law fraud claim brought by an insured against the insured’s flood insurance company fell within the purview of 42 U.S.C. § 4072, part of the National Flood Insurance Act, such that the district court could assert federal jurisdiction. Read More

View All Case Law Developments

In the States

Chair and President of Florida’s Citizens Property Insurance Seek Review of Insurer’s Post-Employment Ethical Guidelines
Citizens Property Insurance Corporation’s Board of Governors Chairman Chris Gardner and President/Chief Executive Officer and Executive Director Barry Gilway have asked Citizens’ Inspector General to review policies and procedures regarding post-Citizens employment to address questions raised about the ability of former employees to seek jobs in the private market. Read More

Life Insurance

Transamerica and MetLife Settle Minnesota’s Charges of Unpaid Life Insurance Benefits
Transamerica and MetLife have reached a settlement with the Minnesota Department of Commerce that requires both insurance companies to pay Minnesota beneficiaries their rightful proceeds from life insurance policies, annuity contracts, and retained asset accounts – and $4 million total in settlement payments to the state ($1.5 million from MetLife and $2.5 million from Transamerica). Read More

View All Legislative/Regulatory Developments
John M. Goodwin Appointed President of Berkley Risk Administrators Company Read More

The No. 1 Killer of Teens is Motor Vehicle Crashes, Report Says 
Read More

Heritage Insurance Launches Commercial Residential Program 
Read More

AIA Names Amanda Greenwold Wise Vice President and Chief Counsel for Federal Affairs 
Read More

Assurity Life’s Thomas E. Henning Receives Forum 500 Distinguished Service Award 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
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

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