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TODAY'S TOP DEVELOPMENTS Wednesday, January 13, 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.


Automobile Insurance
Texas Supreme: Loss-of-Use Damages May Be Recovered for Total Destruction of Insured Personal Property, Not Only for Its Partial Destruction
The Texas Supreme Court, in a case of first impression in the state, has reversed an appellate court decision and has ruled that an insured was entitled to recover loss-of-use damages for the total destruction of insured personal property in addition to recovering for the fair market value of the property immediately before the injury. Read More

Homeowners Insurance
Finding "Plausible Claim for Coverage," Connecticut District Court Refuses to Dismiss Homeowners' Suit Over Damage to Their Basement Walls
The U.S. District Court for the District of Connecticut has refused to dismiss an action brought by homeowners against their insurance company seeking coverage for damage to the basement walls of their home that, they alleged, had been caused by a chemical compound found in certain basement walls constructed in the late 1980s and early 1990s. Read More

Automobile Insurance
11th Circuit, Relying on Legislative History, Finds that Florida Insurer's Obligation to Pay PIP Benefits Was Limited to $2,500 in Absence of Finding of Emergency Medical Condition
The U.S. Court of Appeals for the Eleventh Circuit, interpreting amendments to the Florida Motor Vehicle No-Fault Law, has ruled that an insurer was obligated to pay only $2,500 in personal injury protection benefits where no medical provider had made any determination about whether the insured's injury was an "emergency medical condition."  Read More

Eye on the Experts
Virginia Federal Court Rejects Liability Insurer's "Business Pursuits" and "Known Falsity" Exclusions; Owes Defense for Slander Allegations
This Eye on the Experts article explains a recent Virginia federal court ruling that a liability insurer's so-called "business pursuits" and "known falsity" exclusions do not preclude a defense against defamation allegations where the allegations raised at least a potential for coverage under the policy. Read More

View All Case Law Developments

In the States

United Health Group Settles New York's Restraint of Competition Allegations
UnitedHealth Group has reached a settlement with New York Attorney General Eric T. Schneiderman concerning allegations that United's business practices in New York unlawfully restrained competition in the market for certain elder and long term care insurance products. Read More

Federal Actions
House Passes Bill Imposing Reporting Requirements on Asbestos Trusts in Bankruptcy
The U.S. House of Representatives has passed H. R. 1927, the "Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016." H.R. 1927 passed by a vote of 211-188. Read More

View All Legislative/Regulatory Developments
Ameritas Acquires $2.1 Billion of Life Insurance in Force  Read More

Willis Towers Watson Merger Is Completed  
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Louisiana"  
Read More

Liberty Mutual Offers Theft Deductible Waiver for Inland Marine Contractors' Equipment Coverage  
Read More

Great American Insurance Group Launches Accident and Health Insurance Programs  
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
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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