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TODAY'S TOP DEVELOPMENTS Friday, January 29, 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

Insurance Fraud
N.J. Supreme: Defendant May Be Convicted of Insurance Fraud for Making a False Statement Even If Carrier Ultimately Denied Claim
The New Jersey Supreme Court has ruled that a defendant can be convicted of insurance fraud for making a false statement if the false statement was capable of influencing a reasonable examiner to pay a claim even though the insurance carrier ultimately denied the claim. Read More

Commercial General Liability
Coverage Found Even Though Underlying Complaint Disclaimed Seeking Recovery of Damages for Physical Injury
The U.S. District Court for the Northern District of California has ruled that an insurer was obligated to defend its insured against a lawsuit that alleged facts supporting a potential claim for bodily injury or property damage – but that also explicitly disclaimed seeking recovery for any damages for physical injury. Read More

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

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
NAIC Releases Report on Profitability by Line by State in 2014
The National Association of Insurance Commissioners has released its "Report on Profitability by Line by State in 2014." The report estimates and allocates profitability in property/casualty insurance by state and by line of insurance. Read More

View All Legislative/Regulatory Developments
MetLife and New York State Common Retirement Fund Form Real Estate Investment Venture; Initial Portfolio Valued at More Than $1.4 Billion Read More

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

XL Catlin Working with Oxbotica to Support Adoption of Mobile Robotic Solutions 
Read More

Aviva to Acquire RBC General Insurance Company 
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
Damage to Property Exclusions Discussed


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

View Entire January/February Insurance Coverage Law Report
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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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