Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Thursday, February 18, 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.


Commercial Lines
N.Y.'s Top Court Decides that Class Action Civil Rights Suit Was Not One Occurrence
New York's highest court, the New York Court of Appeals, has ruled that a class action civil rights lawsuit against a New York county did not constitute one occurrence under its insurance policies' definition of "occurrence." It also ruled that the attorneys' fees generated in defending that suit were properly allocated to the named plaintiff. Read More

Homeowners Insurance
Minnesota Supreme: Trier of Fact Must Determine Whether Actual Cash Value, When Undefined, Included Depreciation of Embedded Labor Components
The Minnesota Supreme Court, in response to a certified question from a federal district court, has ruled that, absent specific language in a homeowners' insurance policy identifying a method of calculating actual cash value, the trier of fact must determine whether depreciation of embedded labor components "logically tend[ed] to the formation of a correct estimate of the loss."  Read More

Verdicts & Settlements
Guest Who Fell Off Pool Deck, Fracturing His Ribs, Was Negligent, Jury Finds
A jury in Hays County, Texas, has decided that a guest who fell off a pool deck that partially surrounded an above-ground pool was negligent and not entitled to any damages from the homeowners.  Read More

Professional Liability Insurance
Contract Public Defender Was Not Entitled to Coverage under County's Liability Policy, Washington Federal Court Declares
The U.S. District Court for the Western District of Washington has ruled that a contract public defender was not entitled to coverage for a malpractice lawsuit brought against him by a former client as he was not an employee or an appointed official of the county. Read More

View All Case Law Developments

In the States

Florida Regulators Approve Removal of Up to 66,500 More Policies from Citizens Property
The Florida Office of Insurance Regulation has approved the removal of up to an additional 65,000 personal residential policies and 1,500 commercial residential polices from Citizens Property Insurance Corporation. Read More

Insurance Fraud
North Jersey Neurologist Charged with Billing Insurance Carriers for Medical Procedures He Did Not Perform
Gautam Sehgal, a New Jersey neurologist, has been charged by a state grand jury with seven counts of health care claims fraud in the second degree for allegedly filing fraudulent bills to insurance carriers. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Minnesota" Read More

Ball Janik LLP Adds Jessica O'Reilly to Its Orlando Office  
Read More

Good Drivers Pay More for Basic Auto Insurance if They Rent Rather than Own a Home, Consumer Group Says  
Read More

QBE North America Appoints Dennis Kearns Senior Vice President and Underwriting Leader for its Financial Institutions Practice 
Read More

ProAssurance Appoints Edward L. Rand, Jr., President and Karen M. Murphy EVP of Medmarc; Mary Todd Peterson to Retire 
Read More

View All Industry News
Med Pay and Physical Damage Coverages under the PAP


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