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TODAY'S TOP DEVELOPMENTS Friday, February 3, 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.


Top 10 for January
Top 10 Insurance Coverage Case Law Developments from FC&S Legal for January
Here are the Top 10 Insurance Coverage Case Law Developments from FC&S Legal for January 2017. Read More

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

Automobile Insurance
Alabama Supreme: Insurer Did Not Have to Cover Implied Permissive Driver
The Alabama Supreme Court, observing that Alabama, "unlike the vast majority of states," does not have a statutory provision requiring auto insurers to cover implied permissive users, has ruled that an auto liability policy did not provide coverage for a user of an automobile who did not have the express permission of the owner or drivers covered by the policy. Read More

Homeowners Insurance
Insureds' 86-Day Delay in Notifying Insurers of Alleged Theft Doomed Claim, Second Circuit Says
The U.S. Court of Appeals for the Second Circuit, affirming a decision by the U.S. District Court for the Southern District of New York, has ruled that insureds could not collect on a claim under their insurance policies where they had not notified their insurers of an alleged burglary for 86 days. 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

Health Insurance
Cigna Agrees to Eliminate Policies Barring Coverage for Testing of Psychiatric Conditions
Cigna has reached a settlement agreement with the New York State Attorney General's office under which Cigna will eliminate a written ban on coverage for claims for neuropsychological testing of psychiatric conditions and autism spectrum disorder. Read More

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

Uber to Acquire Self-Driving Cars from Daimler in Effort to "Reduce Traffic Accidents"  
Read More

Clyde & Co Acquires Insurance Lawyers and Launches in Chicago and Washington, D.C.  
Read More

Allstate Names Sidley Austin as First Recipient of General Counsel's Excellence in Diversity Award  
Read More

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

View All Industry News
Difference between Agreed Value and Functional Building Valuation


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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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