Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Thursday, April 13, 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.


Excess v. Prime
Excess Insurer Did Not Have Absolute Right to Veto Settlement Under Policy's "No Action" or "No Voluntary Payments" Clauses, Ninth Circuit Says
The U.S. Court of Appeals for the Ninth Circuit has ruled that, under California law, an excess insurer did not have an absolute right to veto a settlement under its policy's "no action" or "no voluntary payments" clauses. Read More

Workers Compensation
California Appeals Court Rules That Criminal Defendant Must Pay "Premium Loss" as Restitution to Insurer in Workers Comp Fraud Case
An appellate court in California has affirmed a trial court's decision requiring a defendant who pleaded guilty to workers compensation insurance fraud to pay, as restitution to the defrauded insurance company, the premiums the insurer would have earned in the absence of the defendant's fraud.  Read More

Homeowners Insurance
Policy May Cover Fire, But It Did Not Incorporate Statute of Limitations for Fire Policies, Connecticut Appeals Court Decides
An appellate court in Connecticut has ruled that the one year suit limitations period in a homeowners insurance policy governed the timeliness of the insureds' suit against their insurer and not the 18 month statute of limitations applicable to fire insurance policies — even though the homeowners policy afforded coverage against fire. Read More

Commercial General Liability
Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules
A federal district court in Oregon has ruled that carbon monoxide was a "pollutant" as defined in a commercial general liability insurance policy such that the policy's pollution exclusion served to exclude coverage for claims arising from alleged carbon monoxide poisoning. Read More

View All Case Law Developments

Automobile Insurance

Utah Governor Approves Toughest Drunk Driving Limit in the U.S.
Utah Governor Gary R. Herbert (R) has signed H.B. 155, Driving Under the Influence and Public Safety Revisions, into law. Read More

In the States
Illinois Insurance Department Places Public Service Insurance Company into Rehabilitation
An agreed order of rehabilitation has been entered against Public Service Insurance Company and its parent corporation Public Service Mutual Holding Company by an Illinois state court. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Making Smart Settlements When Insurance Is Involved"  Read More

Volcanic Eruptions Could Cost Large Cities up to US $30 Billion, New Swiss Re Model Says  
Read More

Allianz Worldwide Partners Insures EasyMile's Autonomous Vehicles  
Read More

Beazley Appoints Stephen Vivian as Head of New US Marine Operations  
Read More

Dan Brown Joins Drinker Biddle's Insurance Regulatory and Transactional Team in California  
Read More

View All Industry News
When Wrong Pesticide is Applied, No Exclusion Applies


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

View Entire Winter Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
Copyright © 2017 ALM Media, LLC. All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018