Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Friday, September 5, 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.


Commercial Property
Insurers Waived Right to Remove Coverage Disputes to Federal Court, Third Circuit Rules
The U.S. Court of Appeals for the Third Circuit, affirming a decision by a Delaware federal district court, has ruled that the terms of an insurance policy provided that the Delaware state courts were the "exclusive forum" for coverage disputes, and that insurers had waived their right to remove coverage actions from Delaware state court to federal court. Read More

Professional Liability Insurance

Med Mal Policy Did Not Cover Exonerated Death Row Inmate's Claim Against Physician Who Had Testified at His Trial, Mississippi Supreme Court Decides
The Mississippi Supreme Court, affirming a lower court's decision, has ruled that the "clear and unambiguous language" of a medical malpractice insurance policy did not provide coverage for a claim brought against the insured physician by an exonerated death row inmate against whom the physician had testified in his criminal trial. Read More

Homeowners Insurance
Texas Supreme Court: Vacancy Clause in Homeowner's Policy Is Enforceable
The Texas Supreme Court, affirming an intermediate appellate court's decision, has ruled that a vacancy clause in a homeowner's insurance policy was enforceable by the insurer. Read More

Commercial Property
Fourth Circuit Upholds $2.3 Million Jury Verdict Against Insurer, Finding that It Waived Violation of Policy's Fire Protective Safeguards Endorsement
The U.S. Court of Appeals for the Fourth Circuit, affirming a district court's decision after a jury trial, has ruled that, based on North Carolina law, a fire protective safeguards endorsement set forth in a commercial property insurance policy was subject to waiver and estoppel, that the insurer's failure to act for twenty-seven days after learning of the violation of the endorsement was sufficient for it to have waived that provision, and that there existed "sufficient evidence for a reasonable jury to have found" against the insurer and award $2,369,000. Read More

View All Case Law Developments

Insurance Fraud

The Bugatti-in-the-Gulf Case: Luxury Car Owner Pleads Guilty to Fraud
Andy Lee House, a thirty-nine year-old Lufkin, Texas, man, has pleaded guilty to wire mail fraud in the U.S. District Court for the Eastern District of Texas in connection with the loss of his 2006 Bugatti Veyron, which he had insured for $2.2 million. Read More

Insurance Fraud

Former Mutual Benefits Head Sentenced to 20 Years in Prison for His Role in $1 Billion Insurance Fraud
Joel Steinger, a/k/a "Joel Steiner," has been sentenced to twenty years in prison, three years of supervised release, and ordered to forfeit $15 million by U.S. District Judge Robert N. Scola, Jr. A restitution hearing is scheduled for November 24, 2014. Read More

View All Legislative/Regulatory Developments
Peter D. Hancock Assumes Role as AIG President and CEO Read More

Barger & Wolen and Hinshaw & Culberston to Merge 
Read More

Chubb Introduces New Crime Insurance Coverage to Help Protect Firms from Impostors 
Read More

CIG Names Arne Chatterton as New President and CEO 
Read More

New LexisNexis Study: "More Data, Earlier: The Value of Incorporating Data and Analytics in Claims Handling" Read More

View All Industry News
Q & A
Comp or Collision Revisited


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

View Entire September 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, 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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018