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TODAY'S TOP DEVELOPMENTS Wednesday, March 16, 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.


Trial Strategy
How to Establish to a “Legal Certainty” that Amount in Controversy Is Low Enough to Require Remand
Insureds and insurers often fight over the location of a coverage action, with insureds hoping for a state court venue and insurers seeking federal jurisdiction – including by removing an action filed by an insured in state court. A recent decision by a federal district court in Missouri explores how a policyholder can establish to a “legal certainty” that the amount in controversy in a coverage action is low enough to warrant remanding a removed case back to state court. Read More

Homeowners Insurance
Homeowners’ Complaint Against Neighbors for Trespass and Intentional Harm to Gate Was Not Covered by Neighbors’ Policy, 9th Circuit Holds
The U.S. Court of Appeals for the Ninth Circuit, affirming a decision by the U.S. District Court for the Central District of California, has ruled that a homeowners’ insurance policy did not provide coverage for claims that the insureds had trespassed and, through an agent, had intentionally damaged a community gate. Read More

Commercial General Liability
No Coverage for Claims Insured Acted Knowing It Was Violating Underlying Plaintiff’s Trade Dress Rights, Texas Federal Court Says
A federal district court in Texas has found no coverage for claims that an insured had acted with knowledge that it was violating the underlying plaintiff’s trade dress rights and that it would inflict personal and advertising injury on the underlying plaintiff. Read More

Automobile Insurance
Maine’s Highest Court Reaffirms Validity of Other-Owned-Vehicle Exclusions
The Supreme Judicial Court of Maine, affirming a trial court’s decision, has upheld the enforceability of “other-owned-vehicle” exclusions in automobile insurance policies, refusing to depart from its “clear and long-standing precedent” notwithstanding what other state courts might, or might not, be doing in connection with these exclusions. Read More

View All Case Law Developments

Health Insurance

New Jersey Cardiologist Charged with Double-Billing Insurance Companies for His Services
A Bergen County, New Jersey, cardiologist has been indicted for allegedly double-billing insurance companies for medical services he provided through two or more of the three health-care entities he owned in Paramus, New Jersey. Read More

In the States
Arizona Governor Doug Ducey Appoints Leslie Hess as Interim Director of the Department of Insurance
Arizona Governor Doug Ducey has appointed Leslie Hess as the interim director of the Arizona Department of Insurance. Read More

View All Legislative/Regulatory Developments
McKool Smith Launches Insurance Recovery Practice with 14 Trial Lawyers Led by Litigator Robin Cohen Read More

MetLife Introduces Worksite Short-Term Disability 
Read More

Fortune Rank’s World’s Most Admired Insurance Companies 
Read More

Berkshire Hathaway Specialty Insurance Introduces Contractor’s Protective, Professional, and Pollution Liability Insurance in the U.S. 
Read More

FC&S Legal Publishes “Before Next Winter Storm, Businesses Should Seek to Protect Their Insurance Rights” 
Read More

View All Industry News
Form Analysis
Funeral Homes


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

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