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TODAY'S TOP DEVELOPMENTS Monday, April 10, 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
Ninth Circuit Reverses Bad Faith Award Against Insurer That, Due to Its Claims Adjuster's Negligence, Had Not Accepted Reasonable Settlement Offer
The U.S. Court of Appeals for the Ninth Circuit, reversing a decision by the U.S. District Court for the Eastern District of California, has ruled that a bad faith "implied duty to settle" claim could not be based on an insurer's negligence. Read More

Homeowners Insurance
New Exclusion Precluded "Collapse" Coverage Where Home "Remained Upright," Illinois District Court Holds
A federal district court in Illinois, relying on a new exclusion in a homeowners insurance policy, has ruled that a home had not "collapsed" where it "remained upright on its foundation" — even if it was cracked, bulging, sagging, bending, leaning, settled, shrunk, or expanded.  Read More

Automobile Insurance
Missouri Supreme Court Rejects Insureds' Contention That Policy Declarations Made UIM Provision Ambiguous
The Supreme Court of Missouri has rejected the argument that an auto insurance policy was ambiguous as a whole because the declarations and other portions of the policy promised underinsured motorist ("UIM") coverage up to $100,000 but that the definition of "underinsured motor vehicle" restricted when UIM coverage applied and set-off provisions ensured that the insurer would never be obligated to pay up to $100,000 in UIM coverage. Read More

One Policy Did Not Cover $5.2 Million Loss Because Thief Was Not an Employee, and Other Policy Did Not Cover the Same Loss Because Thief Essentially Was an Employee, Seventh Circuit Concludes
The U.S. Court of Appeals for the Seventh Circuit has ruled that a crime insurance policy did not cover an insured's $5.2 million loss because the thief was not an employee, and that a commercial property insurance policy did not cover the insured's $5.2 million loss because the thief, in practice, was an employee for purposes of an exclusion in that policy. Read More

View All Case Law Developments

In the States

5 Peeks at the Long-Term Care Insurer Failure Business
State regulators are wondering how well they can handle long-term care insurers that go broke. Read More

In the States
New York Encouraging Insurers to Offer Disaster Preparedness Courses to Consumers Seeking Homeowners and Renters Policy Discounts
The New York State Department of Financial Services ("DFS") is encouraging property/casualty insurance companies to submit disaster preparedness courses for approval by the DFS so that homeowners and renters who enroll in such courses can seek appropriate DFS-approved policy discounts from their insurance providers. Read More

View All Legislative/Regulatory Developments
FC&S Legal Webinar: Cyber Insurance: Protecting Against Cyber-Related Losses  Read More

Global Non-Life Insurance Market Will Surpass $2.7 Trillion by 2020, MarketLine Says  
Read More

Nearly 10 Percent of World's Most Ethical Companies Are Insurers, Ethics Group Says  
Read More

Insurance Sector Deal Making Shifting into High Gear, KPMG Survey Finds  
Read More

FC&S Legal Publishes "The Occupational Disease Exclusion: Making New Law with an Underappreciated Policy Provision"  
Read More

View All Industry News
Racial Discrimination Not an Occurrence


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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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