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TODAY'S TOP DEVELOPMENTS Wednesday, August 28, 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.


Insurance Coverage Law Report
Data Breaches and the General Liability Policy in a Cyber-World
Seema A. Misra and Lauren V. DiLeonardo of Stroock & Stroock & Lavan LLP explain the foundations for a claim under a commercial general liability insurance policy for data breach and provide a sampling of the types of laws and regulations addressing data breaches. Read More

Insurance Coverage Law Report

Hurricane Season is Here – Is Your Insurance Program Ready for the Next Storm?
The challenges normally inherent in presenting business interruption and other economic claims were dramatically magnified with Sandy, according to James P. Bobotek of Pillsbury Winthrop Shaw Pittman LLP. Read More

Insurance Coverage Law Report
Understanding Vacancy Limitations on Vandalism and Theft Claims
Even in the hoped-for period of recovery from the recession, the volume of claims involving vacant or partially occupied buildings may generate more case law – and may offer broader consensus – on a number of significant insurance coverage issues, as explained by Mary Beth Sipos of Haight Brown & Bonesteel LLP. Read More

Insurance Coverage Law Report
Figuring Out the Insurance Exhaustion Rule in New York is Exhausting
Insurers may seize on a recent decision by the U.S. Court of Appeals for the Second Circuit to argue that they are not required to pay claims unless underlying coverage is exhausted through payment by the underlying insurers.  Peter D. Laun, a partner in the Pittsburgh office of Jones Day, suggests, however, that the decision does not state such a rule—and that, indeed, it strongly suggests a contrary rule. Read More

View All Case Law Developments

Federal Actions

NHTSA Requiring Free VIN Searches for Consumers to Check for Uncompleted Recalls
The U.S. Department of Transportation’s National Highway Traffic Safety Administration is requiring automakers and motorcycle manufacturers to provide consumers with a free online tool that will enable them to search recall information by vehicle identification number starting next year. Read More

Federal Actions

Insurance Agency’s Assets Frozen by SEC, Alleging Fraud
The Securities and Exchange Commission has obtained a temporary restraining order and an emergency asset freeze in connection with what it alleged was a $4 million offering fraud and Ponzi scheme orchestrated by Steven B. Heinz and his company S.B. Heinz & Associates, Inc., a financial planning and insurance agency located in Provo, Utah. Read More

View All Legislative/Regulatory Developments
IFG Insurance Group Hires Barbara Rezner as New Chief Compliance Officer Read More

Sutherland Continues Expansion of Insurance and Financial Services Practice in New York 
Read More

ABA Web Site Matches Volunteer Lawyers with Veterans Filing Disability Insurance Claims 
Read More

Insurance Coverage Lawyer Scott N. Godes Joins Barnes & Thornburg 
Read More

3 Lawyers Honored by Vermont Captive Insurance Association 
Read More

View All Industry News

Additional Insured Endorsements


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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, 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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