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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.


Homeowners Insurance
Court Denies Insurer’s Motion to Dismiss Bad Faith and Unfair Practices Claims Where Insureds Alleged “Industry-Wide Practice,” Citing ISO, of Denying “Concrete Decay” Claims
A federal district court in Connecticut has denied an insurance company’s motion to dismiss bad faith and unfair practices claims in a “concrete decay” case, finding that allegations that the insurance carrier had followed an “an industry-wide practice” – citing its participation in the Insurance Services Office, Inc. – in denying their claim were sufficient to permit the homeowners’ lawsuit to go forward. Read More

Commercial Property

1 Vacant Building in 11-Building Business Park Did Not Trigger Vacancy Exclusion, Texas Appeals Court Rules
An appellate court in Texas has affirmed a trial court’s decision in favor of the owner of an 11-building business park, ruling that the “vacancy” exclusion in the commercial property insurance policy issued to the owner of the business park did not clearly exclude coverage for vandalism to one vacant building among the group of buildings there. Read More

Commercial Auto
Independent Contractor Allegedly Injured While a Passenger in a Truck Was an Employee for Purposes of Truck Owner’s Insurance Policy, Tennessee Appeals Court Holds
A Tennessee appeals court, affirming a trial court’s conclusion, has ruled that a commercial truck driver who alleged that she was injured while sitting in the passenger seat with another person driving the truck qualified as an employee and, therefore, was excluded from benefits under the trucking company’s liability insurance policy – even if under applicable Tennessee law she actually was an independent contractor. Read More

Automobile Insurance
Policy Expired Even Though Expiration Notices Mailed to Insured Did Not Include His Apartment Number, Appeals Court Rules
An appellate court in Florida, affirming a trial court’s decision, has ruled that expiration notices mailed by an insurance company to an insured were sufficient to allow his auto policy to expire even though they did not include the insured’s apartment number, where the notices were mailed to the insured’s address as listed in the policy. Read More

View All Case Law Developments

Health Insurance

Empire BlueCross BlueShield Settles with New York Over Out-of-Network Coverage for Post-Mastectomy Breast Reconstruction Surgery
New York regulators have reached an agreement with Empire BlueCross BlueShield that provides that Empire will approve out-of-network exceptions for breast reconstruction surgery in certain circumstances. Read More

Automobile Insurance

Massachusetts Fines GEICO for Inconsistencies in Accident Reporting
Massachusetts Commissioner of Insurance Joseph G. Murphy has reached an agreement with Government Employees Insurance Company and GEICO General Insurance Company resolving what the Division of Insurance said were inconsistencies in the insurers’ reporting of accident information to state agencies and policyholders. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes Nelson Levine De Luca & Hamilton’s Bad Faith Compendium: Pennsylvania Read More

Keith Bernhard Appointed Head of Internal Audit at Hamilton Insurance Group 
Read More

Accordia Life Launches New Life Insurance Business 
Read More

Colonial Life Unveils New Cancer Insurance Plan 
Read More

XL Group’s North America Primary Casualty Business Announces New Name: Global Risk Management 
Read More

View All Industry News
Longshore and Harbor Workers Compensation Act and the Jones Act


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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Tressler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
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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