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TODAY'S TOP DEVELOPMENTS Tuesday, February 7, 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.


Claims Resolution
Massachusetts Top Court Limits Bad Faith Awards Against Insurers
The Massachusetts Supreme Judicial Court has ruled that post-judgment interest in a bad faith case against an insurance company should not be included in the amount that is doubled or trebled under Massachusetts law. Read More

Claims Resolution
Washington Supreme Court Limits Actions Against Insurers Under State's Insurance Fair Conduct Act
A decade after Washington's legislature passed, and the state's voters ratified, the state's Insurance Fair Conduct Act, the Washington Supreme Court has ruled that, in the absence of an unreasonable denial of coverage or benefits, the IFCA did not create a new and independent private cause of action against insurers for regulatory violations alone. Read More

Environmental Liability
Alaska Supreme: Insurer's Claims Handling Actions Could Yield Tort Duty to Third Party Claimant
The Alaska Supreme Court has ruled that a liability insurer's claims handling actions could create a tort duty to a third party claimant. Read More

Attorney's Fees
Oregon Supreme Court Broadens Ability of Insureds to Recover Attorneys' Fees in Coverage Suits Against Insurers
The Oregon Supreme Court, reversing lower court decisions, has ruled that when an insured filed an action against an insurer to recover sums owing on an insurance policy and the insurer subsequently paid the insured more than the amount of any tender made within six months from the insured's proof of loss, the insured obtained a "recovery" that entitled the insured to an award of reasonable attorneys' fees.  Read More

View All Case Law Developments

In the States

California Insurance Commissioner Discloses Insurers' Carbon Investments
California Insurance Commissioner Dave Jones has released the results of his Climate Risk Carbon Initiative, which required insurance companies with $100 million in annual premium doing business in California to disclose investments in fossil fuels and asked all insurance companies doing business in California to divest from investments in thermal coal. Read More

Alternative Risk and Captives
Vermont Licensed 26 New Captives in 2016
Vermont licensed 26 new captive insurance companies in 2016, according to data released by the Vermont Department of Financial Regulation. Read More

View All Legislative/Regulatory Developments
Megan Watt Joins Everest Insurance as Head of Claims  Read More

New Standalone Golf Cart Insurance Coverage Offered in Florida  
Read More

Securian Introduces "Expedited, Less Invasive Underwriting Program" for "Healthiest" Life Insurance Applicants  
Read More

Berkshire Hathaway Travel Protection Identifies Potential Five Percent Increase to Travel Insurance Sales  
Read More

New COO at Canal Insurance Company  
Read More

View All Industry News
Care Custody or Control of Stolen Property from Hotel Parking Lot


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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