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TODAY'S TOP DEVELOPMENTS Thursday, July 3, 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.

Umbrella Carriers Are Liable for Insured’s Post-Hurricane “Removal of Debris” Damages, Circuit Finds
The U.S. Court of Appeals for the Fifth Circuit, reversing a district court’s decision, has ruled that four umbrella insurance carriers were liable for removal of debris expenses an energy exploration and development company said it had incurred as a result of Hurricane Ike. The circuit court rejected the umbrella carriers’ contention that their policies only took effect if the insured’s underlying/primary insurance was exhausted by claims that would be covered by the umbrella policies. Read More

Commercial General Liability
Policy’s Exclusions Did Not Apply Where LLC Member Acted in His Individual Capacity, and Not in Insured LLC’s Capacity, South Dakota Supreme Rules
The South Dakota Supreme Court, affirming a trial court’s decision, has ruled that neither a “property you own, rent, or occupy” exclusion nor a “care, custody, or control” exclusion in a commercial general liability insurance policy excluded coverage for a claim by a member of a limited liability company for damage the member caused with the limited liability company’s property to property the member owned individually. Read More

Superstorm Sandy: Finding that “Storm Surge” is a Type of “Flood,” Court Rules for Insurer
A federal district court in New York, ruling in a Superstorm Sandy case, has decided that a “storm surge” was a type of “flood” and, therefore, not a covered separate peril. Read More

Homeowners Insurance
Maryland’s Highest Court Decides that “Business Pursuits” Exclusion Requires Continuity and Profit Motive
The Court of Appeals of Maryland, the state’s highest court, has ruled that, to determine if a third party complaint triggered the “business pursuits” exclusion in a homeowner’s liability insurance policy, an insurer must consider the continuity of the insured’s alleged business interests and the insured’s profit motive. Read More

View All Case Law Developments

Massachusetts Senate, Joining the House, Passes Bill to Cap Flood Insurance Rates
The Massachusetts Senate has passed a flood insurance bill that would prohibit creditors from requiring homeowners to purchase flood insurance in an amount that exceeds the outstanding balance of their mortgage, requires coverage for contents, or includes a deductible of less than $5,000. Read More

Insurance Fraud
Nation’s Largest Nursing Home Pharmacy Company to Pay $124 Million to Settle Allegations Involving False Billings to Federal Health Care Programs
Omnicare Inc., the nation’s largest provider of pharmaceuticals and pharmacy services to nursing homes, has agreed to pay $124.24 million for allegedly offering improper financial incentives to skilled nursing facilities in return for their continued selection of Omnicare to supply drugs to elderly Medicare and Medicaid beneficiaries. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Attorney J. Robert MacAneney Becomes a Partner at Kaufman Dolowich & Voluck Read More

U.S. Life Insurers Facing Earnings Pressure from Low Yields, According to Fitch Ratings Read More

M. Steven Levy Named President of Reinsurance Division of Munich Reinsurance America Read More

Mike Mascolo, Peter Moore, and Robert Volkel Named Regional Leaders of Wells Fargo’s Employee Benefits Practice Read More

MetLife Introduces Bundled Auto and Home Insurance Policies Read More

View All Industry News
The Continuous Injury Trigger and Progressive Injury Exclusions

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

View Entire July Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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 [email protected].
FC&S Legal: The Insurance Coverage Law Information Center
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