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TODAY'S TOP DEVELOPMENTS Friday, April 22, 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.


Vandalism Exclusion Precluded Coverage for Intentionally Set Fire, N.Y. Appeals Court Declares
An appellate court in New York, affirming a trial court's decision, has ruled that a vandalism exclusion in a landlords insurance policy was unambiguous and, therefore, that the policy did not cover claims arising from a fire that had been intentionally set. Read More

Claims Resolution
Bank's Late Notice, and Resulting Actual Prejudice, Doomed Coverage, Fourth Circuit Holds
The U.S. Court of Appeals for the Fourth Circuit, affirming a decision by the U.S. District Court for the District of Maryland, has ruled that an insurance company was entitled to deny insurance coverage to a bank for a lawsuit against it where the bank's notice was untimely and caused actual prejudice to the insurer. Read More

Workers Compensation
Worker's Comp Law Struck Down in Oklahoma
The Oklahoma Supreme Court has ruled that the permanent partial disability deferral provision of 85A O.S. Supp. 2013 § 45(C)(5) was invalid as a violation of due process under the Oklahoma constitution. Read More

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

View All Case Law Developments

Automobile Insurance

Georgia Insurance Commissioner Launches Investigation into Allstate Auto Rate Increases
Georgia Insurance Commissioner Ralph Hudgens has directed his staff to initiate a professional level examination of a filing by the Allstate Property & Casualty Insurance Company that would raise statewide automobile rates by an average of 25 percent to determine if the rate increase is defendable under state law. Read More

U.N. Secretary-General Urges Insurance Industry to Take Leadership in Climate Change Response
The insurance industry is a key actor in forging new instruments to anticipate and manage climate risks, according to U.N. Secretary-General Ban Ki-moon. He urged the industry to continue to work with the United Nations to manage and reduce such risks and ultimately ensure a more sustainable world for all. Read More

View All Legislative/Regulatory Developments
60 Minutes Criticizes Life Insurers' "Industry-Wide Practice of Not Paying Significant Numbers of Beneficiaries"  Read More

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

Minor Driving Infractions Will Hike Car Insurance Rates, insuranceQuotes Says 
Read More

FC&S Legal Publishes "Florida Supreme Court: When It Comes to UM Damages Verdicts and Bad Faith, 'What is Good for the Goose is Good for the Gander'" 
Read More

FC&S Legal Publishes "Fourth Circuit Holds That Data Breach Is Covered by Commercial General Liability Policy" 
Read More

View All Industry News
Bad Faith Accrual


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

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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

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