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TODAY'S TOP DEVELOPMENTS Friday, May 5, 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.


Top 10
Top 10 Insurance Coverage Case Law Developments from FC&S Legal for April
Here are the Top 10 Insurance Coverage Case Law Developments from FC&S Legal for April 2017.  Read More

Commercial Auto
Insurer Could Condition Payment of Policy Limit on Release of Its Insureds, Despite Availability of Excess Insurance, Appeals Court Says
An appellate court in Massachusetts has ruled that an insurer had not committed unfair claim settlement practices when it conditioned the payment of its primary insurance policy limit on a release of all claims against its insureds, notwithstanding the availability of excess insurance.   Read More

Commercial General Liability
Washington Supreme: "Efficient Proximate Cause Rule" Limited Scope of Pollution Exclusion in Third-Party Coverage Cases
The Washington Supreme Court for the first time has ruled that the "efficient proximate cause rule" applied in third-party coverage cases and, as a result, it found that an insurer had wrongfully refused to defend its insured in a case alleging that the negligent installation of a hot water heater — a normally nonpolluting appliance — led the hot water heater to discharge toxic levels of carbon monoxide fumes.   Read More

Claims Resolution
$5.1 Million Judgment Was Not Enforceable in Bad Faith Action Against Insurers Following Settlement and Release
A Pennsylvania appellate court has ruled that a $5.1 million judgment was not enforceable in a bad faith action against insurers where the judgment holders had settled or no longer had enforceable claims against the insured or the other underlying defendants. Read More

View All Case Law Developments

Top 10

Top 10 Legislative/Regulatory Developments from FC&S Legal for April
Here are the Top 10 Legislative/Regulatory Developments from FC&S Legal for April.  Read More

Insurer Insolvency
Over 1,700 Maryland Policyholders Affected by Liquidation of Penn Treaty and American Network Insurers
Over 1,700 Marylanders have been affected by the Penn Treaty liquidation that occurred in Pennsylvania.  Read More

View All Legislative/Regulatory Developments
Top 10 Industry News Developments from FC&S Legal for April   Read More

Top 10 Eye on the Experts Articles from FC&S Legal for April   
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Consortium Plans to Test Fleet of Driverless Vehicles from Oxford to London in 2019   
Read More

Drug-Impaired Driving Now More Common Than Alcohol-Impaired Driving, Report Says; MADD Comments   
Read More

New Insurance Option for Amazon Sellers   
Read More

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ALE When Staying with Relatives


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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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