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TODAY'S TOP DEVELOPMENTS Wednesday, October 14, 2015

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.


Environmental Liability
Mold: Excluded, Mostly, Louisiana District Court Decides
A federal district court in Louisiana has granted partial summary judgment in favor of an insurer as to mold claims and an insurance policy's mold exclusion – but not with respect to mold claims in one particular room in the insured building where, the court said, factual questions related to the cause of the mold in that room could be "better developed at trial." Read More

Claims Resolution
Tennessee-Based Claims Examiner Did Not Have Minimum Contacts with Texas to be Sued in Texas for Violating Its Insurance Code, Texas Appeals Court Holds
An appellate court in Texas, reversing a trial court's decision, has ruled that an insurance company's claims examiner, who was based in Tennessee, did not have sufficient minimum contacts with Texas to be subject to the jurisdiction of Texas courts in a lawsuit alleging that she had violated the Texas Insurance Code.  Read More

Workers Compensation
Asbestos Claims Were Not "Covered" Where Last Injurious Exposure Occurred Before Employer Joined N.C. Self-Insurance Security Association
A North Carolina court has ruled that claims were not "covered claims" for workers' compensation purposes where the claimants' last injurious exposure to asbestos occurred before their employer – a self-insurer that later went bankrupt – became a member of the North Carolina Self-Insurance Security Association.  Read More

Commercial Auto
Alabama Supreme: City's Auto Policy Was Primary in Case Stemming from Accident Involving City Sweeper Used by Contractor's Employee
The Alabama Supreme Court, reversing a trial court's decision, has ruled that a commercial auto policy issued to an Alabama city provided primary coverage in a case stemming from an accident involving a city sweeper being operated by a contractor's employee.  Read More

View All Case Law Developments

In the States

Florida Regulators Approve Removal of Up to 142,500 Additional Policies from Citizens Property Insurance
The Florida Office of Insurance Regulation has approved the removal of up to an additional 140,000 personal residential policies and 2,500 commercial residential polices from Citizens Property Insurance Corporation by four companies. Read More

In the States
Ben Nelson Is Leaving the NAIC
Former Senator Ben Nelson, the chief executive officer of the National Association of Insurance Commissioners, will not renew his contract when it expires on January 31, 2016. Read More

View All Legislative/Regulatory Developments
Berkshire Hathaway Specialty Insurance Introduces Professional Liability and Network Security & Privacy Policies in the U.S. Read More

Liberty Mutual Appoints Debbie Michel to Lead National Insurance Casualty Unit 
Read More

Horace Mann Names Allan Robinson SVP of Claims 
Read More

North Shore-LIJ CareConnect Insurance Company Partners with New York City Health and Hospitals Corporation 
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: District of Columbia" 
Read More

View All Industry News
Frozen Pipe and Amount of Heat


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

View Entire Septmeber/October 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
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

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