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TODAY'S TOP DEVELOPMENTS Thursday, September 11, 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 General Liability
Whether Policy Language is Ambiguous Should Be Determined Only after Language Is Examined in Light of Policy's Overall Context, Ohio Supreme Court Says
The Ohio Supreme Court has ruled that, in determining whether a policy provision is ambiguous, courts must consider the context in which the specific language of the provision is used. Read More

Directors & Officers

Bankruptcy Court Grants MF Global's Directors and Officers Access to D & O Policy Proceeds
The U.S. Bankruptcy Court for the Southern District of New York has ruled that directors and officers of MF Global could access the proceeds of directors and officers insurance policies in connection with various actions that have been filed against them. Read More

Errors & Omissions
Chapter 7 Debtor's Right to Indemnification under E&O Policy Is Property of Debtor's Bankruptcy Estate, District Court Rules
The U.S. District Court for the District of New Hampshire has ruled that a Chapter 7 debtor's right to indemnification under an errors and omissions liability insurance policy was property of the debtor's bankruptcy estate. Read More

Homeowners Insurance
Insurer Did Not Have to Refund Premium to Deny Claim on Basis of Misrepresentation and Fraud, New Jersey Appeals Court Rules
An appellate court in New Jersey, affirming a trial court's decision following a jury trial, has ruled that an insurer was not estopped from denying a claim on grounds of fraud and concealment where it had not refunded the premium. Read More

View All Case Law Developments

Health Insurance

Health Insurer Reaches $3.5 Million Settlement with New York Over Out-of-Network Disclosures
Group Health Inc., a subsidiary of EmblemHealth, Inc., New York's largest health insurer, has reached a settlement with New York regulators that requires improved plan disclosures for out-of-network provider benefits to those members who sign up for GHI's comprehensive benefits plan. Read More

Terrorism Risk Insurance

Terrorism and Insurance 13 Years After 9/11
The year-end expiration of the federal Terrorism Risk Insurance Program Reauthorization Act, and its uncertain future, is creating capacity and pricing issues for terrorism insurance buyers, according to the Insurance Information Institute. Read More

View All Legislative/Regulatory Developments
Robert Underhill Joins Edwards Wildman as Insurance and Reinsurance Partner in New York Read More

$2 Billion San Francisco Earthquake and Only One in 20 Residents Had Earthquake Insurance in Epicentral Region, Impact Forecasting Reports 
Read More

FC&S Legal Publishes "Defining Terms in an Insurance Policy Exclusion: What the 'Eight Corners' Rule Does Not Require" 
Read More

Aflac Names Chakravarthi Raghunathan as Managing Director and Global Chief Investment Risk Officer 
Read More

Fireman's Fund Expands Wildfire Response Program Read More

View All Industry News
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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

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