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TODAY'S TOP DEVELOPMENTS Wednesday, March 30, 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.


"Plausible Claim" That Defendant Was in "Better Position" to Have Avoided Loss Leads Court to Deny Motion to Dismiss Subrogation Action
A federal district court in California has refused to dismiss a subrogation action against a defendant that was not the "direct cause" of the loss where the insurer had asserted a "plausible claim" that the defendant was in a "better position" to have avoided the loss than the insurer or its insureds.  Read More

Commercial General Liability
11th Circuit: Non-Alcohol-Related Claims Were Not Barred by "Total Liquor Liability" Exclusion and, as a Result, Insurer Had to Defend Whole Lawsuit
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a decision by the U.S. District Court for for the Southern District of Florida that an insurance company was obligated to defend the complete lawsuit against its insured where only some of the underlying plaintiff's claims were precluded by the "Total Liquor Liability" exclusion in the commercial general liability insurance policy that had been issued to the insured.  Read More

Workers Compensation
Liability Was Not Changed By Insurers' Apportionment Agreement, California Court Rules
A California court, reversing a decision by the state's Workers' Compensation Appeals Board, has ruled that an agreement between two insurers that were jointly and severally liable for claims arising from an employee's workplace injury to settle the employee's claims and to apportion liability for any remaining third party charges did not relieve them of their liability for third party claims.   Read More

Automobile Insurance
Kentucky Supreme Court Rejects Challenge to Policy's Two-Year Suit Limitation
The Kentucky Supreme Court, reversing an appellate court's decision, has ruled that a two year "suit against us" provision in an automobile liability insurance policy, which tracked "nearly verbatim" Kentucky law, was not unreasonable and should be enforced.  Read More

View All Case Law Developments

Title Insurance

Three Appointed to Texas Title Insurance Guaranty Association Board of Directors
Texas Insurance Commissioner David Mattax has appointed three members to serve on the board of directors of the Texas Title Insurance Guaranty Association.  Read More

Health Insurance
California Insurance Department Holding Public Hearing on Proposed Merger of Cigna into Anthem
The California Department of Insurance is holding a public hearing to examine the possible implications of Anthem Inc.'s proposed acquisition of Cigna Corporation.  Read More

View All Legislative/Regulatory Developments
Mikaela Whitman and Jeffrey Schulman Lead Liner's New Office in New York City  Read More

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" in its Flagship Publication, the Insurance Coverage Law Report  
Read More

Liberty International Underwriters Promotes Simon White to Senior Vice President of Privacy, Professional & Technology Product Line  
Read More

Thomas J. Moran to Retire as Mutual of America Life Insurance CEO; John R. Greed Named Successor  
Read More

Pacific Life Announces Five Vice President Promotions  
Read More

View All Industry News
Governmental Action


Browse our entire library of over 2,500 insurance resources and forms.

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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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