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TODAY'S TOP DEVELOPMENTS Friday, February 10, 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

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

Superstorm Sandy
Neither Policy's Flood Exclusion Nor Its Anti-Concurrent Causation Clause Warranted Dismissal of Insured's Breach of Contract Claim in Superstorm Sandy Case, N.Y. Trial Court Rules
A New York trial court has ruled that neither the flood exclusion nor the anti-concurrent causation clause in a general liability and commercial property insurance policy warranted dismissal of a breach of contract claim brought by a property owner against its insurer for damages allegedly resulting from Superstorm Sandy. Read More

Workers Compensation
Workers Comp Insurer's Right to Inspect Premises Did Not Create Duty to Protect Employee from Asbestos Exposure, Louisiana District Court Says
A federal district court in Louisiana has ruled that a workers compensation insurance company that had the right to inspect its insured's premises and otherwise involve itself in workplace safety did not have a duty to protect its insured's employees from exposure to asbestos.  Read More

View All Case Law Developments

In the States

Illinois Insurance Department Levies $560,000 Civil Forfeiture Against California-Based Zenefits
The Illinois Department of Insurance has reached an agreement with YourPeople, Inc., d/b/a Zenefits FTW Insurance Services providing that the California-based human resources software and insurance brokerage company will pay a civil forfeiture of up to $560,000 to settle allegations that it violated Illinois insurance law. 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
Increase in Smart Home Devices Adds New Hacking Risks, HSB Cyber Survey Shows  Read More

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

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

Blockchain Insurance Industry Initiative Now Boasts 15 Members  
Read More

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

View All Industry News
ISO Form
MS SF DS 07 13


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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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