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TODAY'S TOP DEVELOPMENTS Tuesday, April 18, 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.


Claims Resolution
Zillow Loses Bid for Insurance Coverage of $8.3 Million Judgment Stemming from Online Photo Infringement Suit
Zillow, Inc., was not entitled to insurance coverage for an $8.3 million judgment against it because it had not timely notified its insurer of the claim, a federal district court in Washington has ruled.  Read More

Professional Liability Insurance
Lawyer Who Failed to Forward Warning Letter to Malpractice Insurer Has No Coverage for Lawsuit That Followed
A letter to a lawyer that directed him to refer it to his professional liability insurance carrier gave the lawyer "a basis to reasonably expect a claim" and his failure to inform his insurer of the letter doomed his bid for coverage under his claims-made professional liability insurance policy of the malpractice action that subsequently was brought against him.  Read More

Claims Resolution
Colorado District Court Extends Notice-Prejudice Rule in Case Involving Claims-Made Policy
A federal district court in Colorado has extended the notice-prejudice rule, deciding that it applied where the insured had complied with the date-certain notice requirement of a claims-made insurance policy but allegedly had not complied with the policy requirement that notice be provided to the insurer "as soon as practicable" after a lawsuit or claim was presented.  Read More

Commercial Umbrella
Finding "Wrap-Up" Provision Ambiguous, Court Orders Coverage of $13.5 Million Judgment Stemming from Connecticut Power Plant Explosion
A federal district court in Connecticut has ruled that an endorsement to a commercial umbrella insurance policy providing that the policy did not cover "any liability arising out of any project insured under a 'wrap-up' or similar rating plan" was ambiguous and, as a result, the insurer was obligated to cover a $13.5 million judgment against the insured stemming from a power plant explosion.  Read More

View All Case Law Developments

Health Insurance

Insurer to Pay $2.8 Million to Resolve Massachusetts' Claims of Unlawful, Deceptive Sales of Health Insurance Sold Across State Lines
A Kansas-based insurance company has agreed to pay more than $2.8 million to settle allegations that it used deceptive and unlawful practices to sell health insurance to Massachusetts consumers.  Read More

Alternative Risk and Captives
Ian Davis Is Vermont's New Chief Marketing Official for Captive Insurance
Ian Davis has replaced Dan Towle as the director of financial services for Vermont. The position is responsible for the marketing and business development for Vermont's captive insurance industry.  Read More

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

Goldberg Segalla Lawyers Edit Reinsurance Industry Deskbook   
Read More

XL Catlin Appoints James Tuplin as International Head of Cyber and TMT   
Read More

FC&S Legal Publishes "New Rules Pose Hurdles for Disability Claimants"   
Read More

Evan J. Small Is Elected Partner at Ball Janik LLP in Orlando   
Read More

View All Industry News
Sexual Molestation by a Masseuse


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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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