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TODAY'S TOP DEVELOPMENTS Thursday, April 14, 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.


Commercial General Liability
4th Circuit Affirms Decision That CGL Policy Covered Suit Asserting Data Breach Claims
The U.S. Court of Appeals for the Fourth Circuit has affirmed a decision by the U.S. District Court for the Eastern District of Virginia that the insurer that issued a commercial general liability insurance policy was obligated to defend its insured in a class action complaint alleging a data breach that resulted in the underlying plaintiffs’ private medical records being available on the internet for over four months.  Read More

Case Study
How a Settled Coverage Dispute Still Led to Litigation Between the Insurer and the Insured
Negotiated settlements between insurers and insureds sound like a good way to limit litigation. But as a recent decision by the U.S. District Court for the Eastern District of California illustrates, ambiguities in a settlement agreement can mean that litigation continues – over the settlement agreement, if not the underlying coverage dispute.  Read More

Commercial Property
N.Y. Appeals Court Affirms “No Coverage” Ruling Despite Omission in Disclaimer Letter
An appellate court in New York, affirming a trial court’s decision, has ruled that an omission in an insurer’s disclaimer letter did not preclude it from subsequently relying on a policy exclusion to avoid coverage of an insured’s claim.  Read More

Automobile Insurance
One Accident, or Two? Iowa Supreme Court, Applying “Prevailing Cause Theory,” Rules That Two Collisions Were One Accident
The Iowa Supreme Court, applying the “prevailing cause theory,” has ruled that, where no cause intervened between a truck-SUV collision and a motorcycle-SUV collision seconds later, there was one accident, not two.  Read More

View All Case Law Developments

In the States

Georgia Regulators Approve Heritage Insurance to Write P & C Insurance in Georgia
The Georgia Office of Insurance Regulation has granted approval to Heritage Property & Casualty Company, a subsidiary of Heritage Insurance Holdings, Inc., a property and casualty insurance holding company, to write property and casualty policies in the state.  Read More

In the States
New Mexico Insurance Superintendent John G. Franchini’s Term is Extended through 2019
John G. Franchini, the New Mexico Superintendent of Insurance, has had his term extended through 2019.  Read More

View All Legislative/Regulatory Developments
Aspen American Insurance and Physicians Protector Plan Partner for Physicians’ Professional Liability Insurance   Read More

EmblemHealth, Northwell Sign New Leadership Agreement   
Read More

Centene Completes $6 Billion Acquisition of Health Net   
Read More

Zurich Closes $700 Million Deal to Acquire Crop Insurer RCIS   
Read More

FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: New Mexico”   
Read More

View All Industry News
Form Analysis
Exclusion – Injury or Damage from Genetically Modified Crops, Grains, Trees, Animals or Fish


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

View Entire Spring 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, 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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