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TODAY'S TOP DEVELOPMENTS Wednesday, February 17, 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.


Directors & Officers
N.J. Supreme: Insurer Need Not Show Prejudice to Disclaim Coverage for Insured's Failure to Comply with Notice Provision in D & O "Claims Made" Policy
The New Jersey Supreme Court has ruled that, to disclaim coverage, an insurance company need not show that it was prejudiced by an insured's failure to comply with the notice provision in a directors and officers "claims made" insurance policy, notwithstanding what other state courts might, or might not, be doing in connection with this issue.  Read More

Automobile Insurance
Maine's Highest Court Reaffirms Validity of Other-Owned-Vehicle Exclusions
The Supreme Judicial Court of Maine, affirming a trial court's decision, has upheld the enforceability of "other-owned-vehicle" exclusions in automobile insurance policies, refusing to depart from its "clear and long-standing precedent" notwithstanding what other state courts might, or might not, be doing in connection with these exclusions.  Read More

Workers Compensation
Massachusetts Supreme: Workers' Comp Insurer's Lien Does Not Attach to Damages Paid by Third Party for Employee's Pain and Suffering
The Massachusetts Supreme Judicial Court has ruled that a worker's compensation insurance carrier's lien on damages an employee recovered from a third party did not attach to damages paid by the third party for the employee's pain and suffering.  Read More

Superstorm Sandy
Flood Sublimit Applied to "Time Element" Losses in Superstorm Sandy Case, Delaware State Court Rules
A Delaware state court, in a Superstorm Sandy case, has ruled that the limit of liability for flood damage in a commercial property insurance policy applied to "time element" losses, including extra expenses such as loss of business income, service interruption expenses, extended period of liability expenses, and rental insurance extended period of liability expenses, claimed by the insureds.  Read More

View All Case Law Developments

In the States

N.Y. Bans Insurers from Covering Lesbian, Gay, Bi-Sexual, and Transgender "Conversion Therapy"
New York has announced a series of multi-agency regulations banning public and private health care insurers from covering the practice of so-called lesbian, gay, bi-sexual and transgender "conversion therapy" in New York State.  Read More

In the States
NAIC Promotes Officers, Elects New Secretary-Treasurer
The members of the National Association of Insurance Commissioners have elected Wisconsin Insurance Commissioner Ted Nickel to fill the vacant president-elect position.  Read More

View All Legislative/Regulatory Developments
P&C Group Executive Denise I. Lynch Leaving Kemper; Joseph W. Metz and Joseph P. Lacher, Jr., to Lead on Interim Basis  Read More

AIG Expands Board, Nominates 2 Directors, Authorizes Repurchase of Additional Shares of Common Stock, and Increases Common Stock Dividend  
Read More

Allied World Launches Suite of Trade Credit & Political Risk Insurance Products in Canada  
Read More

FC&S Legal Publishes "NAIC Moves Ahead on Capital Requirements, Redundant Life Reserves, and More"  
Read More

Sompo Canopius Simplifies Organizational Structure  
Read More

View All Industry News
Number of Occurrences under Discussion


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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, 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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