Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, February 10, 2016

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.


Excess Policy that "Follows Form" Had No Obligation for First Party UM/UIM Claims Where It Limited Indemnity to Third Party Claims, California Appeals Court Says”
An appellate court in California has ruled that an excess liability insurance policy that "follow[ed] form" to an underlying primary policy that provided uninsured motorist/underinsured motorist coverage did not have to provide coverage for first party UM/UIM claims after the underlying policy limit was exhausted because the excess policy limited the insurer's indemnity obligation to third party liability claims. Read More

Umbrella Policy Provided Coverage Only After Pooled Self-Insurance Was Exhausted, Illinois Appeals Court Rules
An appellate court in Illinois, affirming a trial court's decision, has ruled that an umbrella policy provided coverage for an accident only after the limit of a village's "pooled self-insurance" was exhausted, notwithstanding that that insurance used public funds. Read More

Homeowners Insurance
"Ambien Defense" Did Not Preclude Finding of Intentional Assault, Texas Appeals Court Holds
An appellate court in Texas has ruled that a trial court reasonably could have determined that the insured had committed the intentional act of sexual assault and that his intent had not been negated "by any voluntary consumption of alcohol and Ambien."  Read More

Construction Defect
Indemnity Clause in Construction Agreement Found Void Under Oregon Law
The U.S. District Court for the District of Oregon has ruled that an indemnity clause in an agreement between two parties relating to the rehabilitation of a bridge was a construction agreement for purposes of the Oregon law that prohibits indemnity clauses in construction agreements.  Read More

View All Case Law Developments

Health Insurance

HealthNow New York to Pay $750,000 Fine to Settle Charges It Violated New York Insurance Law
HealthNow New York Inc. will pay a $750,000 fine to settle charges that it violated New York State regulations with respect to its small group policy renewal program.  Read More

Insurance Fraud
Two South Florida Clinic Owners Charged with Using Straw Owners to Defraud Insurance Companies of More Than $650,000
The Florida Department of Financial Services' Division of Insurance Fraud has charged two allegedly unlicensed clinic owners with defrauding numerous insurance companies, resulting in more than $650,000 in financial losses. Read More

View All Legislative/Regulatory Developments
Gregg Holtmeier Appointed Leader of JLT Re Western Region  Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Massachusetts"  
Read More

Goldberg Segalla Opens Offices in Florida, Maryland, and New Jersey  
Read More

Ironshore Specialty Casualty Names Merle E. Shapiro New Head of Public Entity Lines  
Read More

HSB Offers New Cyber Insurance Covering Multiple Risks  
Read More

View All Industry News
Damage Caused by Seagulls


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
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

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018