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TODAY'S TOP DEVELOPMENTS Friday, February 12, 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.


Trial Strategy
A Closing Statement – and PowerPoint Slides – Can Go Far, But Not Too Far
Attorneys in insurance coverage cases have wide latitude in their closing statements. But as a decision by a Florida appellate court makes clear, that leeway has its limits. Read More

Court Rejects Claim for “Time Element” Losses Where Flooding Did Not Affect “Direct Supplier”
The U.S. District Court for the Central District of California has rejected an insured’s claim for “time element” losses where the manufacturing facilities affected by a monsoon in Thailand were not those of a direct supplier. Read More

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

Automobile Insurance
Trial Court Erred in Allowing Police Officer’s Opinion Testimony as to Auto Accident’s Cause in UM Case, Missouri Appeals Court Decides
An appellate court in Missouri, in a case in which an insured motorcycle rider sued his insurer for uninsured motorist benefits, has ruled that the trial court had erred in admitting a police officer’s opinion testimony as to the cause of the accident.  Read More

View All Case Law Developments

In the States

California Insurance Commissioner Calls for Insurance Industry Divestment from Coal
California Insurance Commissioner Dave Jones has asked all insurance companies doing business in California to voluntarily divest from their investments in thermal coal.  Read More

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

View All Legislative/Regulatory Developments
More than Half of Insurers Consider Setting up Aggregator Sites to Sell Their Own and Other Insurers’ Products, Accenture Study Finds  Read More

Willis Re and Measure Form Strategic Partnership to Advance Drone Usage for Insurance Industry  
Read More

That January Blizzard? It Caused $2 Billion in Losses, Aon Reports  
Read More

Sun Life Financial Announces $530 Million Group Annuity Deal in Canada  
Read More

FC&S Legal Publishes “For NY-Domiciled Life Insurers, 2016 Brings New Flexibility on Governance, Dividends”  
Read More

View All Industry News
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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

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