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TODAY'S TOP DEVELOPMENTS Friday, February 24, 2017  

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
Continuous or Progressive Injury Exclusion Precluded Coverage for Mold Claim Allegedly Stemming from Contractor's Repairs, California District Court Decides
A federal district court in California has ruled that the continuous or progressive injury exclusion in a commercial general liability insurance policy precluded coverage of claims asserting that the insured contractor's negligent repairs to a building had contributed to mold growth. Read More

Claims Resolution
Second Circuit, Vacating District Court Ruling, Suggests That Insurer Was Not Liable for Defense Costs Incurred After Indemnity Limit Had Been Reached
The U.S. Court of Appeals for the Second Circuit has vacated a decision by the U.S. District Court for the Southern District of New York and suggested that the insurer that had issued a maritime insurance policy was not responsible for investigation and defense costs incurred after its $5 million indemnity limit had been reached. Read More

Automobile Insurance
Oregon Supreme Court, Adopting Minority View, Rules That PIP Medical Benefits Do Not Include Insured's Transportation Costs to Receive Medical Care
The Oregon Supreme Court, over a vigorous dissent, has ruled that personal injury protection benefits owed by an insurer to an insured did not include the insured's transportation costs to receive medical care. Read More

Homeowners Insurance
Nebraska Supreme: Insurer May Depreciate Labor Costs When Determining "Actual Cash Value" Even When Policy Defined Neither Depreciation Nor Actual Cash Value
The Nebraska Supreme Court has ruled that an insurer, in determining the "actual cash value" of a covered loss, may depreciate the cost of labor even when the terms "actual cash value" and "depreciation" were not defined in the policy and the policy did not explicitly state that labor costs would be depreciated.  Read More

View All Case Law Developments

In the States

New Jersey Enacts Legislation Regulating Ride-Share Industry
New Jersey Gov. Chris Christie has signed legislation regulating the ride-sharing industry, ending nearly a year of dispute over how transportation network companies in the state such as Uber, Lyft and Wingz should be allowed to operate. Read More

New York Cybersecurity Regulation to Take Effect on March 1
The first state cybersecurity regulation will take effect, in New York, on March 1. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Keeping the Bad Faith"  Read More

Ironshore International Increases Capacity to US$400 Million for Terrorism and Sabotage Programs  
Read More

Palomar Specialty Launches Private Residential Flood Program in California  
Read More

AIG Names Robert Scheinerman President for Group Retirement; Appoints Todd Solash President for Individual Retirement  
Read More

New Appointments at SCOR Global Life  
Read More

View All Industry News
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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, Cope Ehlers, 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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