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TODAY'S TOP DEVELOPMENTS Tuesday October 28, 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.


Automobile Insurance
Florida Supreme: Family Vehicle Exclusion Is Enforceable; UM Waiver by Named Insured Applies to All Insureds
The Florida Supreme Court has ruled that a family vehicle exclusion in an automobile insurance policy that excluded a family vehicle from the definition of an uninsured motor vehicle did not conflict with Florida Statutes Section 627.727(3). It also ruled that uninsured motorist benefits were not stackable under Section 627.727(9) where the named insured or purchaser of the policy made a non-stacking election, as the waiver applied on behalf of all insureds under the policy. Read More

Commercial General Liability

Mississippi Supreme: No Coverage for Farmer Who Intentionally and Illegally Planted Monsanto's Patented Seeds
The Mississippi Supreme Court has ruled that a commercial general liability insurance policy did not cover claims against a farmer that he had "knowingly, intentionally and willfully" planted Monsanto Company's patented seeds without authorization from Monsanto in violation of Monsanto's patent rights Read More

Life Insurance
Minnesota Supreme: Rescission of Life Insurance Policy for Insured's "False and Misleading" Statements Requires Proof of Insured's Subjective Intent to Deceive
The Minnesota Supreme Court has ruled that Minn. Stat. § 61A.11 requires subjective intent to deceive on the part of the insured in order for an insurance company to be able to rescind a life insurance policy issued without a prior medical examination. Read More

Bad Faith
Oklahoma Supreme: County Commissioners Self-Insurance Group Is Immune to Bad Faith Claim
The Oklahoma Supreme Court has ruled that the Association of County Commissioners of Oklahoma Self-Insurance Group was immune from a tort claim for the breach of the duty of good faith and fair dealing. Read More

View All Case Law Developments


Superstorm Sandy: FEMA Reminds that Filing Deadline for NFIP is October 29
The Federal Emergency Management Agency has issued a notice reminding policyholders affected by Superstorm Sandy that the time limit to file proof of loss claims is October 29, 2014. Read More


Federal Agencies Request Comment on Proposed Flood Insurance Rule
Five federal regulatory agencies have announced the approval of a joint notice of proposed rulemaking to amend regulations pertaining to loans secured by property located in special flood hazard areas. Read More

View All Legislative/Regulatory Developments
American Council of Life Insurers Elects Its 2015 Chairman and Board of Directors; MassMutual's Roger W. Crandall Elected as ACLI Chair Read More

Ceres Report Ranks U.S. Insurance Companies on Climate Change Responses; The Hartford, Prudential, Munich Re, and Allianz Are Among Top Scorers 
Read More

Catherine Besselman Named Global Head of Agriculture at Ironshore International 
Read More

Ebola Insurance Coverage Offered through Lloyd's of London 
Read More

Medical Malpractice Reform: Noneconomic Damage Caps Reduced Payments 15 Percent, Health Affairs Study Finds Read More

View All Industry News
Forms Analysis
Dwelling Property Forms - Perils, Exclusions, Endorsements


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

View Entire October/November 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

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