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TODAY'S TOP DEVELOPMENTS Thursday, May 14, 2015

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
6th Circuit Affirms Dismissal of Insurer's "Reverse Bad Faith" Claim under Kentucky Law
The U.S. Court of Appeals for the Sixth Circuit has ruled that the U.S. District Court for the Western District of Kentucky did not err when it dismissed a claim asserted by an insurance company against its insured for "reverse bad faith" because it had not been recognized in Kentucky. Read More

Attorney's Fees

Claimants Who Sought Benefits from Insurers under ERISA May Rely on "Catalyst Theory" to Recover Attorneys' Fees, Third Circuit Rules
The U.S. Court of Appeals for the Third Circuit, reversing a district court's decision, has ruled that claimants who sought to recover benefits from insurance companies under the Employee Retirement Income Security Act were entitled to rely on the "catalyst theory" to determine whether they could recover their attorneys' fees and costs from the insurers. Read More

Financial Guaranty
New York's Highest Court Reinstates Bond Insurer's Fraud Action against Goldman Sachs
New York's highest court has ruled that ACA Financial Guaranty Corp. had sufficiently pleaded justifiable reliance for the causes of action for fraud in the inducement and fraudulent concealment in its action against Goldman, Sachs & Co. to defeat Goldman's motion to dismiss. Read More

Workers Compensation
Teaching Assistant Injured in University's Vehicle on Way Back from Conducting His Graduate Research Was Not Entitled to Workers' Compensation Benefits, N.J. Court Rules
A New Jersey court has upheld a workers' compensation judge's conclusion that a Ph.D. student and teaching assistant at Drexel University was not entitled to workers' compensation benefits for injuries he had suffered on his way back from conducting his own graduate research in a Drexel vehicle, finding no connection between the accident and the teaching assistant's employment. Read More

View All Case Law Developments

Title Insurance

New York Regulator Approves Lower Title Insurance Rates for Refinancings
The New York State Department of Financial Services has approved new title insurance industry rates for mortgage refinancing transactions that are up to 65 percent lower than existing rates. Read More

Federal Actions

Shelby Releases Discussion Draft of "The Financial Regulatory Improvement Act of 2015"
U.S. Senator Richard Shelby (R-Ala.), chairman of the U.S. Senate Committee on Banking, Housing, and Urban Affairs, has released the text of the discussion draft of "The Financial Regulatory Improvement Act of 2015." Read More

View All Legislative/Regulatory Developments
Defensive and Strategic Deals Boost M&A in Insurance, Swiss Re Report Finds Read More

Grange Insurance Names John North President of Personal Lines 
Read More

XL Group Appoints Eugene McQuade Chairman of the Board Read More

Berkshire Hathaway Travel Protection Appoints Dean Sivley as President 
Read More

Brown & Brown Acquires Bellingham Underwriters' Assets Read More

View All Industry News
Manifest Intent


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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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