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TODAY'S TOP DEVELOPMENTS Wednesday, August 14, 2013

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.


Professional Liability Insurance
In Absence of "Special Circumstances" and Lawyers' Failure to Read Their Policy, Verdict in Favor of Insurance Agent Is Affirmed
A Massachusetts appellate court has affirmed a decision in favor of an insurance agent in a suit brought by two attorneys based on (1) the absence of "special circumstances" necessary for a duty of investigation and advice by the agent, and (2) the failure of the lawyers to read their policy. Read More

Automobile Insurance

Nebraska's Top Court Reinstates Insured's Suit against Her Insurer Filed 14 Years after Accident and 9 Years after She Settled with Other Driver's Insurer
The Nebraska Supreme Court has reversed a trial court's decision finding that an insured's action against her insurer for underinsured motorist benefits was barred by the statutory five year limitations period even though the accident had occurred more than 14 years before the insured sued her insurer, and more than nine years after the insured had settled with the other driver's insurer. Read More

Umbrella Coverage Not Triggered Where Insured's Losses Did Not Exceed Its SIR, Washington Appellate Court Rules
An appellate court in Washington has held that coverage under an insured's umbrella policy was not triggered where the insured's losses were not in excess of its primary insurance and self-insured retention. Read More

Asbestos Litigation
Clarifying Media Reports Regarding Maryland Law and Causation in Asbestos Exposure Cases
Despite suggestions to the contrary, Maryland continues to endorse substantial-factor causation as the evidentiary standard "for establishing...causation in negligence cases alleging asbestos exposure." With this in mind, any entity defending asbestos claims in Maryland should continue to consider defenses based on the lack of substantial-factor causation, according to Gordon S. Woodward, a partner in the Washington, D.C., office of Schnader Harrison Segal & Lewis LLP. Read More

View All Case Law Developments

Health Insurance

Independence Blue Cross Files Request to Redesign Its Corporate Structure
Independence Blue Cross has filed a request with the Pennsylvania Insurance Department to redesign its corporate structure. Read More

Worker's Compensation

West Virginia Receives Ninth Consecutive Reduction for Worker's Compensation Insurance Rates
West Virginia has received a reduction in worker's compensation loss cost rates from the National Council on Compensation Insurance. Read More

View All Legislative/Regulatory Developments
Endurance Welcomes Fred Cooper as Head of U.S. Financial Institutions Insurance Practice Read More

Chris Gardner Named New Chairman of Citizens Property Insurance Board of Governors 
Read More

Towers Watson Signs Agreement with Federal Government to Facilitate Public Exchange Enrollments 
Read More

National Risk Retention Association Conference to Focus on Affordable Care Act and Cyber Threat 
Read More

Business Interruption Coverage and Claims after Superstorm Sandy 
Read More

View All Industry News

Vacancy Provision and the Building Under Construction Exception


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

View Entire August Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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, Tressler 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 ($795 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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