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TODAY'S TOP DEVELOPMENTS Friday, April 1, 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.


Automobile Insurance
What Magic Words Are Needed to Make a "Demand" for Arbitration
An appellate court in Illinois has reversed a trial court's decision that an automobile insurance policy required "an unequivocal demand for arbitration" of an underinsured motorist ("UIM") claim and that a "request" for arbitration was insufficient.  Read More

Construction Defect
Rhode Island Supreme: Public Policy Did Not Require That Contractor's Former Insurer Cover Claims Allegedly Stemming from His Negligence During Policy Period
The Rhode Island Supreme Court, rejecting an analogy to uninsured motorists coverage, has ruled that a contractor's former insurance company was not obligated to cover claims allegedly stemming from the contractor's negligent construction of a deck where the alleged bodily injuries had occurred after the policy had expired – even if the construction had taken place during the policy term.  Read More

"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

Automobile Insurance
When Has Auto Insurer Been Prejudiced by Late Notice of Accident? Well, Not by Car's Repairs or Insured's Surgery, N.Y. Appeals Court Decides
An appellate court in New York, reversing a trial court's decision, has ruled that an insurance company had not demonstrated that it had been prejudiced by late notice of an accident from its insured where the insured's auto involved in the accident had been repaired and where the insured had surgery before the insurer had received notice.  Read More

View All Case Law Developments

Homeowners Insurance

New Jersey and New York Regulators Issue Certificates of Authority to Universal Property & Casualty
The New Jersey Department of Banking & Insurance and the New York State Department of Financial Services have issued certificates of authority to Universal Property & Casualty Insurance Company, approving it as a licensed insurance entity in New Jersey and New York, respectively.  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

Henri de Castries, AXA Chairman and CEO, to Retire; Thomas Buberl to Become CEO and Denis Duverne to be Appointed Board Chair  
Read More

John Elkann Appointed Chairman of the Board of PartnerRe; Emmanuel Clarke Named CEO  
Read More

FC&S Legal Publishes "Hydraulic Fracturing, Induced Seismicity, and Insurance Coverage: Are Insurers Being Asked to Pay for Lack of Regulation?" in its Flagship Publication, the Insurance Coverage Law Report  
Read More

FC&S Legal Publishes "Trial Strategy: A Closing Statement – and PowerPoint Slides – Can Go Far, But Not Too Far" in its Flagship Publication, the Insurance Coverage Law Report  
Read More

View All Industry News
The Insurer and the Right to Control Defense


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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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