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TODAY'S TOP DEVELOPMENTS Monday, March 21, 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.


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

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

Automobile Insurance
Rented “Box Truck” Was Not a “Car” for Purposes of Motor Vehicle Policy, Kansas Court Rules
A federal district court in Kansas has decided that a rented box truck did not fall within the definition of “car” in an auto insurance policy and, therefore, that the policy did not provide coverage for a claim against the driver.  Read More

Personal Umbrella
Insurers Owed No Duty to Defend Insured in Action Seeking Forfeiture of Bank Funds
A federal district court in Maryland has ruled that insurers that issued homeowners and umbrella insurance policies did not have to defend their insured in an action brought by the federal government seeking forfeiture of funds in specific bank accounts – or in connection with his affirmative claim seeking to recover the seized property.  Read More

View All Case Law Developments

In the States

NAIC Names 2016 Committee Leadership
The National Association of Insurance Commissioners has named its 2016 committee chairs and vice chairs and assigned members to the organization’s standing committees.  Read More

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

View All Legislative/Regulatory Developments
FC&S Legal Publishes “McCarran-Fer-get About It: Insurance Rehabilitation Proceeding Does Not Reverse-Preempt Bankruptcy Court Jurisdiction, Says S.D.N.Y. Bankruptcy Court”  Read More

FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: Michigan”  
Read More

XL Catlin and Ventus Form New Partnership  
Read More

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

Zurich Proposes New Composition of Board of Directors  
Read More

View All Industry News
Example of Concurrent Causation


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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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