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TODAY'S TOP DEVELOPMENTS Thursday, January 28, 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.


Commercial Lines
Colorado Supreme Court Asked to Decide Whether Bad Faith Law Restricts Insurer from Canceling Surplus Commercial Lines Policy
The U.S. District Court for the District of Colorado has asked the Colorado Supreme Court to determine whether Colorado law — providing that parties to a contract must act in good faith and deal fairly with each other in performing the express terms of the contract — restricts an insurer from cancelling a surplus commercial lines insurance policy by issuing a notice of cancellation under the express language of the policy.  Read More

Commercial Property
Fifth Circuit, Predicting Texas Law, Decides that Proximate-Cause Analysis Is Correct Standard for Determining Number of Occurrences
The U.S. Court of Appeals for the Fifth Circuit, affirming a decision by the U.S. District Court for the Middle District of Louisiana, has decided that the Texas Supreme Court would hold that, under Texas law, proximate cause is the correct standard for determining the number of occurrences. Read More

Verdicts & Settlements
Visitor Who Claimed Building's Managers Ignored Entryway's Hazard Obtains $1 Million Jury Award
A New York jury has awarded a slip-and-fall plaintiff $1,044,000. Read More

Claims Resolution
Iowa Supreme: Final Judgment in Insured's Breach-of-Contract Suit Against Insurer for Policy Benefits Barred Insured's Later Bad-Faith Action
The Iowa Supreme Court, reversing an appellate court's decision, has ruled that a final judgment in a breach-of-contract suit between an insured and an insurer for policy benefits barred a later tort action for bad faith alleging that the insurer had lacked an objectively reasonable basis for denying the claim. Read More

View All Case Law Developments

Alternative Risk and Captives

New Jersey Approves Deborah Heart and Lung Center Captive
The State of New Jersey's Department of Banking and Insurance has granted approval to make Deborah Heart and Lung Center a captive in New Jersey and a non-profit 501(c)(3) on-shore captive in the United States. Read More

Workers Compensation
California Construction Company Owner Arrested for Insurance Fraud
William Huffman, of Sacramento, California, the owner of Capitol City Contractors, has been charged with nine felony counts of workers' compensation insurance fraud and tax evasion allegedly totaling $187,707 in losses. Read More

View All Legislative/Regulatory Developments
Liberty International Underwriters Appoints Diana Cossetti as Head of U.S. Casualty  Read More

Government Entities Mutual Names Andrew Halsall CEO  
Read More

National Western Life Introduces Simplified Issue Life Insurance Coverage  
Read More

Pioneer Launches Environmental Liability Division with Appointment of Jessica Huhn-Kenzik  
Read More

Argo Group Appoints Frank Mike-Mayer Chief Underwriting Officer and Mark Wade Chief Claims Officer for U.S. Operations  
Read More

View All Industry News
Form Analysis
Motor Carrier Form—Conditions and Definitions


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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