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TODAY'S TOP DEVELOPMENTS Tuesday, February 23, 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.


Workers Compensation
New York's Top Court Rules that McCarran-Ferguson Did Not Preclude Application of Federal Arbitration Act
New York's highest court, the New York Court of Appeals, has ruled that the McCarran-Ferguson Act did not preclude application of the Federal Arbitration Act with respect to California Insurance Code § 11658. Read More

Automobile Insurance
Pennsylvania Supreme Court Finds Flexibility for Insurers Calculating Medical Products Providers' "Usual and Customary Charges"
The Pennsylvania Supreme Court, in response to a question certified to it by the U.S. Court of Appeals for the Third Circuit, has ruled that a Pennsylvania law permitted, but did not require, that insurance company reimbursements to providers of medical products to automobile accident victims be calculated predicated on the provider's bill for services or the data collected by the carrier. Read More

Superstorm Sandy
Court Suggests It Will Reopen Superstorm Sandy Case If Insured Shows Her Prior Counsel's Conduct Was "So Gross" It Was "Inexcusable"
A federal district court in New Jersey has issued an opinion suggesting that it would permit a Superstorm Sandy case to be reopened based on the alleged neglectful representation by the insured's former counsel if the insured could demonstrate that her former counsel's conduct was "so gross that it [was] inexcusable." Read More

Commercial Property
Pot Seller's Coverage Claim for Damaged Marijuana Plants to Go to Trial in Colorado
A federal district court in Colorado has ruled that a trial had to decide whether a retail medical marijuana business was entitled to coverage for damage to its pot plants allegedly caused by smoke and ash. Read More

View All Case Law Developments

In the States

Colorado Division of Securities Charges Colorado Springs Insurance Agent with Securities Law Violations
The Colorado Division of Securities, a part of the Department of Regulatory Agencies, has filed civil charges in a Denver court against Steven Kerbel and his company, Rio National Insurance Services, Inc., alleging they have violated the registration, licensing, and anti-fraud provisions of Colorado's securities laws.  Read More

In the States
Zenefits' Business Practices Under Investigation in California
The California Department of Insurance has announced that, last year, it opened an investigation into Zenefits' business practices and compliance with California law and regulations. Zenefits recently announced the resignation of its founder and chief executive officer, Parker Conrad.  Read More

View All Legislative/Regulatory Developments
Safety National Forms Safety Specialty Insurance Company Read More

Florida Highway Patrol Reports 92,000 Hit and Run Crashes in Florida in 2015  
Read More

Elizabeth Bryan Appointed IAG Chairman  
Read More

Wells Fargo Insurance Study: Next Phase of ACA to Bring More Changes and Challenges to Employee Benefit Plans  
Read More

IATA Reports No Fatal Jet Hull Losses in 2015  
Read More

View All Industry News
Cooperation Requirement


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

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