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TODAY'S TOP DEVELOPMENTS Friday, February 19, 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 General Liability
City Was Additional Insured on Subcontractor's CGL Policy Even Though It Had No Contract with Subcontractor, New York Federal Court Decides
The U.S. District Court for the Southern District of New York has ruled that New York City was an additional insured on a commercial general liability ("CGL") insurance policy obtained by a subcontractor working at the St. George Ferry Terminal in Staten Island where the subcontractor had a written agreement with the contractor requiring that it name the city as an additional insured – even though the city was not a party to that contract. Read More

Attorney's Fees
Alabama Supreme: Insurer Need Not Pay Attorneys' Fee Based on Common Fund Theory for Money It Advanced to Insured for Tort Suit
The Alabama Supreme Court, reversing an appellate court's decision, has ruled that an insurance company did not have to pay an attorneys' fee based on a common fund theory for the recovery of the money it advanced to its insured to permit him to pursue a tort suit following an automobile accident. Read More

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

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 occ"occurrence." It also ruled that the attorneys' fees generated in defending that suit were properly allocated to the named plaintiff. Read More

View All Case Law Developments

In the States

Delaware Insurance Commissioner Stewart Fines Highmark BCBSD and Aetna $483,000
Delaware Insurance Commissioner Karen Weldin Stewart has reported that she has fined Highmark Blue Cross Blue Shield Delaware $383,000 for numerous violations, including failure to pay policyholder claims in a timely fashion.  Read More

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

View All Legislative/Regulatory Developments
FC&S Legal Publishes "NAIC Moves Ahead on Capital Requirements, Redundant Life Reserves, and More" Read More

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

XL Catlin and Ventus Form New Partnership  
Read More

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

Starr Companies Introduces Travel Insurance and Assistance Services to Cuba 
Read More

View All Industry News
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CA 20 15 10 13


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View Entire January/February Insurance Coverage Law Report
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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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