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TODAY'S TOP DEVELOPMENTS Monday, May 16, 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.


Third Circuit: No Coverage for Payments Banks Made to Settle Class Actions — Not Even for Class Plaintiffs' Attorneys' Fees
The U.S. Court of Appeals for the Third Circuit has ruled that a "Professional Services Charge Exception" excluded coverage for the entire amount of the payments banks made to settle class actions — including the amount paid by the class plaintiffs to their attorneys from the settlement fund. Read More

Ninth Circuit Rejects Need for Excess Litigated Judgment in Subrogation Action
The U.S. Court of Appeals for the Ninth Circuit, reversing a decision by the U.S. District Court for the Eastern District of California, has ruled that, under California law, an excess litigated judgment was not a prerequisite to an equitable subrogation action by an excess insurer against a primary insurer when the excess carrier had contributed to the underlying settlement.  Read More

Directors & Officers
Lawyers' Duty to Advise Clients About Insurance Coverage at Issue in Malpractice Case
An appellate court in New York has affirmed a trial court's decision refusing to dismiss a legal malpractice case alleging a failure to advise about insurance coverage, ruling that the lawyers had not demonstrated that a policy exclusion had precluded coverage and that any failure to advise had not proximately caused damage to the clients. Read More

Parachute Jumping Exclusion Precluded Coverage for Suit Alleging Injuries Arising from a Tandem Skydive, N.J. District Court Finds
A federal district court in New Jersey has ruled that a "parachute jumping" exclusion in an airport liability policy precluded coverage for claims for bodily injuries allegedly suffered during a skydive at the airport. Read More

View All Case Law Developments

Health Insurance

New York State Creates Helpline to "Hold Health Insurers to Legal Obligation to Provide Necessary Medical Care"
New York State Attorney General Eric T. Schneiderman is encouraging those seeking substance abuse and/or mental health treatment or facing barriers with their health insurer to call his office's Health Care Helpline at 1-800-428-9071. Read More

Health Insurance
Health Care Fraud Prosecutions Down 23 Percent, TRAC Report Shows
Fiscal year 2016 is on pace to have the lowest level of federal prosecutions for health care fraud since fiscal year 1998, according to the Transactional Records Access Clearinghouse. Read More

View All Legislative/Regulatory Developments
Fatal Road Crashes Involving Marijuana Double After State Legalized Drug, AAA Says  Read More

ABA Offers Lawyers a Guide to Cyber-Liability Insurance Coverage  
Read More

Great American Insurance Gains Renewal Rights to Service Lloyds' Texas Nonsubscription Insurance Business  
Read More

Baker Donelson Lawyer W. Scott Welch III to Receive ABA Edmund S. Muskie Pro Bono Service Award  
Read More

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

View All Industry News
Direct Loss under Personal Auto Policy


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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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