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TODAY'S TOP DEVELOPMENTS Thursday, April 21, 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.


Trial Strategy
Can a Policyholder Get a Jury Trial on an Insurer's Equitable Rescission Claim?
There is little dispute that rescission claims brought by insurance carriers are equitable claims for which there is no right to a jury trial. Similarly, an insured's breach of contract action against an insurance company is legal in nature, and the insured can demand a trial by jury. A recent decision by a federal district court in California, however, suggests that an insured may be able to obtain a jury trial on an insurer's rescission claim by asserting a breach of contract action. Read More

Commercial General Liability
Florida Appeals Court Affirms Coverage for Claims Seeking Damages for Robo Calls
An appellate court in Florida has affirmed a trial court's decision finding coverage for claims seeking damages for "robotic" telephone solicitations in violation of the Washington Consumer Protection Act. Read More

Verdicts & Settlements
$14.9 Million Jury Verdict Where Driver Blamed Car's Design Defect for Injuries
A California jury has awarded plaintiffs $14,967,421 in a case charging that a car's design defect had caused injuries in an accident. 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

View All Case Law Developments

In the States

New York Accuses Insurer of Failing to Cover Medically Necessary Care and Deceiving Members About Scope of Coverage
The New York State Attorney General's office has filed a lawsuit against Capital District Physician's Health Plan alleging that the insurer unlawfully restricted coverage of treatment for chronic Hepatitis C infection. Read More

In the States
Oklahoma Insurance Commissioner Orders Hearing on Earthquake Insurance Rate Increases
Oklahoma Insurance Commissioner John D. Doak has ordered a public hearing to investigate a rise in earthquake insurance rates. Read More

View All Legislative/Regulatory Developments
Craig Landi Joins Argo Group to Lead U.S. Professional Lines Business  Read More

GEICO and BoatUS Reveal the Top 6 Causes of Boat Fires 
Read More

Daniel Prince Joins Hamilton Underwriting as Head of Professional Indemnity 
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Ohio" 
Read More

Former Manulife Chairman and CEO Syd Jackson Has Died 
Read More

View All Industry News
Freezing to Swimming Pool Water Lines


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

View Entire Spring Insurance Coverage Law Report
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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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