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TODAY'S TOP DEVELOPMENTS Thursday, February 25, 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
Insured's Failure to Notify Insurer about Suit Doomed Coverage, Although It Notified Insurer about Accident, N.Y. Appeals Court Rules
An appellate court in New York, reversing a trial court's decision, has ruled that an insurance company was not obligated to defend or indemnify its insured with respect to a particular lawsuit where the insured had never notified it about the lawsuit — even though it had notified the insurer about the underlying accident. Read More

Assault and Battery Exclusion Precluded Coverage for Shooting, Even for Claims Based in Negligence, N.Y. Federal Court Holds
A federal district court in New York has ruled that an assault and battery exclusion in an insurance policy issued to a bar precluded coverage for claims arising from a shooting that killed a patron, even where the claims against the bar and landlord were brought as negligence claims. Read More

Verdicts & Settlements
Plaintiff's Jury Verdict Comes after He Asserted Other Driver Had Worked an Overnight Shift and Fatigue May Have Played a Role in Accident
A jury has ruled in favor of a plaintiff who was injured in an auto accident by a driver who, the plaintiff contended, may have suffered from fatigue after working an overnight shift as a nurse. 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

View All Case Law Developments

In the States

Washington Fines Farmers Insurance $300,000 for Mischarging Consumers for Four Years
Washington Insurance Commissioner Mike Kreidler has fined Farmers Insurance Company $300,000.  Read More

In the States
TDI Seeks Applicants for Texas Medical Liability Insurance Underwriting Association Board of Directors
The Texas Department of Insurance is accepting applications through March 11 for two public member positions on the Texas Medical Liability Insurance Underwriting Association's board of directors.  Read More

View All Legislative/Regulatory Developments
Empire Life Signs Agreement with MetLife Read More

Efma and Accenture Launch Global Insurance Awards to Reward and Foster Industry Innovation  
Read More

Nicolle Schippers Promoted to ARAG Associate General Counsel  
Read More

Allianz Re Reaches Reinsurance and Consulting Agreement with Enstar  
Read More

FC&S Legal Publishes "Insurance Coverage Issues for Hotel and Apartment High-Rises Damaged by Fire"  
Read More

View All Industry News
XCU Coverage under CGL Form


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

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