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TODAY'S TOP DEVELOPMENTS Monday, February 6, 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.


Environmental Liability
N.J. Supreme: Policy's Anti-Assignment Clause Did Not Bar Assignment of Post-Loss Claim — Even in Absence of Money Judgment
The New Jersey Supreme Court, adopting the majority rule, has held that once an insured loss has occurred, an anti-assignment clause in an occurrence policy may not provide a basis for an insurer to decline coverage based on the insured's assignment of the right to invoke policy coverage for that loss — even if the loss has not been reduced to a money judgment. Read More

Employee Benefits
Uber Driver Was Independent Contractor and Not an Employee, Florida Appeals Court Decides
Florida's Third District Court of Appeal has affirmed a decision of the Florida Department of Economic Opportunity concluding that a former Uber driver was not a common-law Uber employee for purposes of obtaining unemployment benefits, relying on the parties' contract and the "nature of the parties' relationship." Read More

FC&S Legal Quiz 5
FC&S Legal's Quiz 5 Insurance Coverage Law Quiz 5: A Shot Rings Out
Welcome to FC&S Legal's next Insurance Coverage Law Quiz! We provide summaries of five cases discussed in the Case Law Developments column of FC&S Legal involving an insurance coverage dispute stemming from a shooting. You decide whether the courts found coverage or not. Answers appear Tuesday. Good Luck! . Read More

Life Insurance
High Blood Alcohol Level Had to be "Sole Cause" of Accident to Trigger Policy Exclusion, Illinois District Court Decides
A federal district court in Illinois has ruled that an insured's high blood alcohol level had to be the sole cause of the accident that led to his death to trigger a blood alcohol exclusion in the insured's accidental death insurance policy, and not simply a proximate cause.  Read More

View All Case Law Developments

Workers Compensation

Workers Comp Attorneys in Texas Get a Fee Boost
The Texas Department of Insurance, Division of Workers Compensation, has changed the maximum hourly rates that may be charged by attorneys and legal assistants in the workers compensation system. Read More

In the States
Former Florida Insurance Commissioner Tom Gallagher Joins People's Trust Insurance Company as COO
A former insurance commissioner of Florida, Tom Gallagher, has joined People's Trust Insurance Company as chief operating officer. Read More

View All Legislative/Regulatory Developments
Increase in Smart Home Devices Adds New Hacking Risks, HSB Cyber Survey Shows  Read More

FC&S Legal Publishes "Case Law Suggests Counsel Should Advise Clients About Available Insurance" 
Read More

Navigators Appoints Jacob Ingerslev to New Position of Global Cyber Leader  
Read More

Canada Snapshot: 77 Percent Feel Entitled to Workplace Health Benefits  
Read More

Citizens Names New Chief Operating Officer: Terry Festervand  
Read More

View All Industry News
Form Analysis
Liability for Guests' Property—Crime Coverage


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

View Entire Winter 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, 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

FC&S Legal: The Insurance Coverage Law Information Center

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