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TODAY'S TOP DEVELOPMENTS Tuesday, January 31, 2017  

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.


Homeowners Insurance
California Supreme Court, in Broad Opinion, Rejects Insurers' Challenge to Insurance Commissioner's Regulation on Replacement Cost Estimates
The California Supreme Court, in a broad opinion on the power of the California Insurance Commissioner, has ruled that the California Unfair Insurance Practices Act supported the 2011 regulation issued by the commissioner covering replacement cost estimates for homeowners insurance. Read More

Homeowners Insurance
Texas Supreme: Fencing, Even if Attached to Home by Only 4 Bolts, Was Covered Under Liberty Mutual Policy's "Dwelling" Provisions
The Texas Supreme Court, reversing an appellate court's decision, has ruled that two homeowners' interpretation of the insurance policy they had obtained from Liberty Mutual Insurance Company was reasonable and that it afforded coverage for fencing attached to their home under the policy's "dwelling" provision rather than the "other structures" provision. Read More

Automobile Insurance
Florida Supreme: Allstate Policy Provided Sufficient Notice of Its Intent to Use Medicare Fee Schedules to Limit Reimbursements for Medical Expenses
The Florida Supreme Court has ruled that a personal injury protection insurance policy issued by Allstate Insurance Company provided legally sufficient notice of its election to use the permissive Medicare fee schedules identified in Section 627.736(5)(a)2., Florida Statutes, to limit reimbursements for medical expenses. Read More

National Union Fire Insurance Company Could Not Rely on Late Notice to Disclaim Coverage in Absence of Actual Prejudice, Maryland's Top Court Rules
The top court in Maryland, the Maryland Court of Appeals, has ruled that the National Union Fire Insurance Company of Pittsburgh, Pa., could not deny a claim by its insured under a not-for-profit individual and organization insurance policy on the ground of late notice where National Union was unable to demonstrate, by a preponderance of the evidence, that it actually had been prejudiced by the late notice. Read More

View All Case Law Developments

Life Insurance

N.Y. Orders Life Insurers to Make "Prompt Payments" of Claims Even When Insureds Die Within Two-Year Contestable Period
The New York Department of Financial Services ("DFS") has issued a new guidance to life insurance companies telling them that they must make "prompt payments" to beneficiaries even when insureds die within the two-year contestable period — even if the insurers are investigating whether a policy was induced through fraud or misrepresentation. Read More

In the States
Oklahoma Insurance Commissioner Doak Named Representative to International Economic Organization
The National Association of Insurance Commissioners has appointed Oklahoma Insurance Commissioner John D. Doak as the NAIC's representative to the Organisation for Economic Co-operation and Development. Read More

View All Legislative/Regulatory Developments
Ransomware Attacks Quadrupled in 2016 and May Double Again in 2017, Beazley Says  Read More

XL Catlin Promotes Two in U.S. Global Risk Management Division  
Read More

FC&S Legal Publishes "Cosby's Coverage Dispute Has Ramifications for Many Policyholders"  
Read More

Ironshore Introduces Private Insurance Portfolio for High Net Worth Homeowners in New York  
Read More

Aon Group President Steve McGill Steps Down  
Read More

View All Industry News
Form Analysis
Duties after a Loss-Home Inventory


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

View Entire Winter 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, Cope Ehlers, 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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