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TODAY'S TOP DEVELOPMENTS Friday, July 14, 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
Texas Supreme Court Explains When Judgment Against Insured Is Recoverable from Insurer
In a significant insurance coverage decision, the Texas Supreme Court has held that the absence of “any meaningful incentive” for an insured to defend itself in a damages suit that led to a judgment against it doomed a subsequent lawsuit to recover that judgment from its insurer. Read More

Automobile Insurance
Good Samaritan Law Pushes Rhode Island Supreme Court to Broadly Define “Occupying”
The Rhode Island Supreme Court, relying in large part on the state’s Good Samaritan law, has issued a decision broadly defining the term “occupying” for purposes of an automobile insurance policy’s underinsured motorist provisions. Read More

Exclusion Precluded Coverage for Earth Movement Caused by Either Natural or Man-Made Events, West Virginia’s Top Court Rules
In a case of first impression, the Supreme Court of Appeals of West Virginia has ruled that an insurance policy’s earth movement exclusion unambiguously precluded coverage for earth movement caused by either natural or man-made events, and that the policy’s ensuing loss provision provided only a “narrow exception” to the earth movement exclusion. Read More

Homeowners Insurance
Kentucky Supreme Court Rejects Majority Definition of “Collapse”
The Kentucky Supreme Court has ruled that a house with significant termite damage had not collapsed for purposes of a homeowner’s insurance policy, rejecting what it referred to as the majority rule defining collapse. Read More

View All Case Law Developments

Federal Actions

OIG Says That FEMA’s Lack of Process for Tracking Public Assistance Insurance Requirements Places Billions of Tax Dollars at Risk
The Office of Inspector General of the U.S. Department of Homeland Security has conducted a verification review to determine whether the Federal Emergency Management Agency has implemented recommendations to reduce what it said was the risk of the federal government paying for disaster damages that should be covered by a previous insurance requirement. Read More

Automobile Insurance
Legalizing Recreational Marijuana Is Linked to Increased Auto Crashes
Legalizing recreational marijuana use in Colorado, Oregon, and Washington has resulted in collision claim frequencies that were about three percent higher overall than would have been expected without legalization, according to a new Highway Loss Data Institute analysis. Read More

View All Legislative/Regulatory Developments
XL Catlin Promotes Excess & Surplus Property Insurance Regional Leader in Boston  Read More

AXIS Insurance Promotes Robert Hartman to Chief Operating Officer  
Read More

FC&S Legal Publishes “Dismantling the NFIP Monopoly”  
Read More

Public Service Employee Pensions Only a Step to Retirement Security, Survey Says  
Read More

Seventy-Two Percent of College Students and Recent Grads Have Challenges Finding Affordable Health Insurance, Poll Finds  
Read More

View All Industry News
Drunk Driving May be Covered Under the CGL


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

View Entire Spring 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, Cope Ehlers, 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

FC&S Legal: The Insurance Coverage Law Information Center

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