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TODAY'S TOP DEVELOPMENTS Monday, January 25, 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.


Employee Benefits
U.S. Supreme Court Limits Benefit Plans' Ability to Recover Costs from Beneficiaries
The U.S. Supreme Court has ruled that when a participant in an employee benefit plan under the Employee Retirement Income Security Act of 1974 ("ERISA") is injured by a third party, the plan pays covered medical expenses, and the participant recovers for his or her injuries from a third party and spends those funds on non-traceable items, a plan fiduciary cannot bring suit to attach the participant's general assets under ERISA §502(a)(3) because the suit is not one for "appropriate equitable relief."  Read More

Automobile Insurance
Connecticut Supreme: Policy Exclusion Was Void Where It Was Not Set Forth in Separate Endorsement
The Connecticut Supreme Court, reversing a trial court's decision, has ruled that a Connecticut statute barred automobile liability insurers from excluding coverage for personal injuries caused to a named insured unless the exclusion was set forth in a separate endorsement to the policy. Read More

Insurer Insolvency
N.J. Appeals Court Rejects Insured's Argument that It Was Not Responsible for Sums Allocated to Insolvent Insurers
A New Jersey appellate court has rejected an insured's argument that, in allocating insurance coverage among primary and excess insurers for cleanup of environmental contamination at a landfill, the trial court had erred by concluding that the insured was responsible for the sums allocated to insolvent insurers rather than allocating those sums among solvent primary and excess insurers.  Read More

Homeowners Insurance
Minor's Deposition Testimony Leads Appeals Court to Find that Policies Barred Coverage of Claims that He Sexually Assaulted Young Girl
An appellate court in Michigan, reversing a trial court's decision, has ruled that a minor's deposition testimony established that he "reasonably should have expected" to injure a girl when he committed sexual misconduct against her and, therefore, that insurance companies were not obligated to defend him in a lawsuit stemming from the assault. Read More

View All Case Law Developments

In the States

Florida Approves Removal of Up to 71,500 Additional Policies from Citizens Property Insurance
The Florida Office of Insurance Regulation has approved the removal of up to 70,000 personal residential policies and 1,500 commercial residential polices from Citizens Property Insurance Corporation. Read More

In the States
New Ohio Law Governs Certificates of Insurance
A new law in Ohio provides strengthened regulatory protocols and oversight in relation to certificates of insurance. Read More

View All Legislative/Regulatory Developments
Julie Pemberton Is Named 2016 President of RIMS  Read More

Allianz Endows Technical University of Munich with Professorship for "Large-Scale Data Analytics and Machine Learning"  
Read More

Tokio Marine Expands from Ocean Marine to Inland Marine in U.S.; Rich Soja Leads Division  
Read More

Ironshore International Establishes Lloyd's China Platform in Shanghai; Tracy Ma to Lead Underwriting of Specialty Lines  
Read More

FC&S Legal Publishes "How to Qualify an Expert Witness in the Area of Insurance Claims Handling" in its Flagship Publication, the Insurance Coverage Law Report  
Read More

View All Industry News
Impaired Property Exclusion Application


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

View Entire January/February 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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