Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Thursday, January 7, 2016

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.


Homeowners Insurance
Insurer's Judicial Estoppel Claim Fails Where Insureds Amended Their Bankruptcy Filings Nunc Pro Tunc to Increase the Value of Their Personal Property
A federal district court in Georgia has rejected an insurance company's defense of judicial estoppel where the insureds amended their bankruptcy filings, nunc pro tunc, while their bankruptcy case was still open, to increase the value of their personal property to the amount they claimed they lost when their home was destroyed by a fire. Read More

Commercial General Liability
Concerns for "Efficiency and Delay" in Resolving Coverage Dispute Lead District Court to Refuse to Withdraw Reference to Bankruptcy Court
The U.S. District Court for the Southern District of New York, citing concerns for "efficiency and delay," has refused to remove an insurance coverage dispute from a bankruptcy court to the district court itself, even though the dispute was "non-core." Read More

Verdicts & Settlements
Defendants Found Not Liable for Motorcyclist's Injuries
A civil jury on Long Island, New York, has ruled that the defendants were not liable for a motorcyclist's accident. Read More

Vermont Supreme Court Again Applies Pollution Exclusion to Preclude Coverage
The Vermont Supreme Court, for the second time this year, has applied a pollution exclusion in an insurance policy to preclude coverage for a claim. This time, it ruled that damage to an insured home and personal property resulting from the spraying within the home of a pesticide known as chlorpyrifos was not covered by a homeowners' insurance policy. Read More

View All Case Law Developments

In the States

Warner Chilcott Agrees to Pay $23.2 Million to Resolve Claims It Violated California Insurance Code False Claims Act
A $23.2 million settlement has been reached by the California Department of Insurance and whistleblowers with pharmaceutical company Warner Chilcott to resolve a lawsuit alleging drug marketing fraud in violation of state law. Read More

Workers Compensation
Owners of Janitorial Company for Major Hotels that Allegedly Hid Hundreds of Employees Are Charged with Insurance Fraud
A California grand jury has indicted the owners of Good Neighbor Services as well as six alleged accomplices in an alleged massive, ongoing insurance fraud and tax evasion scheme. Read More

View All Legislative/Regulatory Developments
Insurance Attorneys Paul S. Danner and Joshua L. Milrad Join Goldberg Segalla Read More

High Drowsy Driving Crash Risk on Daytime Commute after Night Work, Research Finds 
Read More

Zurich to Acquire Crop Insurer RCIS from Wells Fargo 
Read More

2015 U.S. Natural Catastrophe Losses Curbed by El Niño; Brutal North American Winter Caused Biggest Insured Losses, Munich Re Reports 
Read More

FC&S Legal Publishes "Defense Is Owed by CGL Insurer for Loss of Use and Diminished Value Resulting From Alleged Easement Trespass" 
Read More

View All Industry News
ISO Form
MH 04 26 10 15


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

View Entire November/December 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

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%%.
Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018