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TODAY'S TOP DEVELOPMENTS Monday, April 3, 2017  

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
Even If State Farm Wasn't "Like a Good Neighbor," Insured Couldn't Sue for Fraud, 11th Circuit Rules
The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurer's advertising slogan — "like a good neighbor, State Farm is there" — was "puffery" and an insured could not claim that it amounted to a misrepresentation of material fact sufficient to support a fraud claim against the insurer. Read More

Commercial General Liability
No "Bodily Injury" Coverage for Suit Alleging Harm from Insured's False and Misleading Ads, Massachusetts District Court Says
A federal district court in Massachusetts has ruled that allegations that the insureds had made false and misleading statements in advertising concerning the efficacy of their product did not seek damages for bodily injury and, therefore, were outside the scope of coverage of the insureds' commercial general liability insurance policy.  Read More

Automobile Insurance
Circuit Split: Third Circuit Rejects Test for Declaratory Judgment Act Jurisdiction Used in Second, Fourth, and Fifth Circuits
The U.S. Court of Appeals for the Third Circuit has rejected the "heart of the matter" test for determining whether a district court should hear actions under the Declaratory Judgment Act seeking both declaratory and legal relief — and has rejected the standard used in the Second, Fourth, and Fifth Circuits. Read More

"Insured v. Insured" Exclusion Barred Any Claims Brought by Bank's Receiver, Including by FDIC as Receiver, Ninth Circuit Confirms
The U.S. Court of Appeals for the Ninth Circuit has ruled that the "insured v. insured" exclusion in an insurance policy issued to a bank barred any claims brought by any receiver of the bank, including the Federal Deposit Insurance Corporation as receiver of the bank. Read More

View All Case Law Developments

Health Insurance

Chicago Chiropractor Indicted for Allegedly Billing $10 Million to Medicare and Private Insurers for Nonexistent Treatment
A Chicago chiropractor has been indicted on federal fraud charges for allegedly submitting at least $10 million in bogus claims to Medicare and private insurers. Read More

Insurance Fraud
Maryland Man Pleads Guilty to Selling Businesses Non-Existent Insurance and Using Premiums for His Personal Benefit
Glenn R. Fischer, of Ellicott City, Maryland, has pleaded guilty to wire fraud and aggravated identity theft arising from a scheme to defraud businesses seeking insurance. Read More

View All Legislative/Regulatory Developments
Brian McKell Joins Florida Office of Mound Cotton as a Partner  Read More

Jane Kornesczuk Promoted to Divisional President of Great American Insurance Group  
Read More

Thomas F. Bush Joins Team Serving Insurers and Reinsurers at Freeborn  
Read More

FC&S Legal Publishes "Bridge the Gap with Critical Illness Insurance"  
Read More

XL Catlin Appoints Karl Fischbach as Head of Binding and Brokerage for Excess and Surplus Insurance Business  
Read More

View All Industry News
Within the Course and Scope of Employment


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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, Cope Ehlers, 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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