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TODAY'S TOP DEVELOPMENTS Friday, January 30, 2015

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.


Trial Strategy
How Obtaining a Coverage Ruling Can Affect a Bad Faith Case Even If the Ruling is Later Overturned
A trial court's ruling on coverage, even where later reversed, can be relevant to the issue of whether an insurer acted reasonably in disputing coverage — and, in fact, might be dispositive of that issue. Read More

Bad Faith

Divided Appellate Court Finds that Insurer Did Not Waive Attorney-Client Privilege by Communicating with Counsel and Settling Underlying Action
A divided appellate court in Arizona, reversing a trial court's decision, has ruled that an insurer did not waive the attorney-client privilege by contending that it had decided to settle an underlying action in good faith based on its subjective beliefs concerning the merits of the available courses of action even where the insurer had communicated with its counsel during the process of making that decision — and even if counsel had participated in the settlement negotiations. Read More

Life Insurance
Alcohol Exclusion in AD&D Policy Bars Coverage Where Alcohol At Least Contributed to Accident, Florida Appeals Court Rules
An appellate court in Florida, reversing a trial court's decision, has ruled that an alcohol exclusion in an accidental death and dismemberment policy barred coverage if alcohol at least contributed to an accident, even if it was not its sole cause. Read More

Professional Liability Insurance
Circuit Rejects Chiropractor's Contention that Alleged Negligence Occurred During Her Provision of "Professional Services"
The U.S. Court of Appeals for the Tenth Circuit, affirming a district court's decision, has ruled that allegations that a chiropractor negligently failed to warn a female minor about her ex-husband's alleged propensity to sexually molest underage females and allowed her ex-husband to access her office building, where he allegedly assaulted the girl, had not occurred during the chiropractor's provision of "professional services" and, therefore, were not covered by her malpractice insurance policy. Read More

View All Case Law Developments


Legislation Proposed to Limit FEMA Clawbacks in Superstorm Sandy Cases
U.S. Senator Bob Menendez (D-N.J.) and Congressman Frank Pallone (D.-N.J.) have proposed legislation that would limit the ability of the Federal Emergency Management Administration to recoup federal disaster assistance overpayments made to homeowners who filed Superstorm Sandy claims. Read More

Automobile Insurance

California DMV Issues — and Then Retracts — Advisory Requiring Commercial Registration of Ridersharing Vehicles
California's Department of Motor Vehicles has retracted an advisory it just recently issued that warned consumers driving for ridesharing companies such as Uber and Lyft that their vehicles had to be registered commercially. Read More

View All Legislative/Regulatory Developments
Insurance Litigator Brian Huelsmann Joins Wilson Elser to Head New Office Read More

Insurers Launch Micro Insurance Consortium to Serve Risk Management Needs of Underserved in Developing Markets  
Read More

Insurance and Reinsurance Attorney Marc L. Abrams Joins Mintz Levin 
Read More

Consumer Group Says Large Auto Insurers Charge High Rates to Lower-Income Drivers Who Finance Car Purchases 
Read More

Insurance Coverage Litigator Scott J. Kaplan Joins Marten Law as a Partner Read More

View All Industry News
Cancellaion of Package versus Standalone Policy


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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill, P.C.
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
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

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