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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
Insurer's Post-D.J. Actions Could Serve as Basis for Bad Faith Finding, Tennessee District Court Says
A federal district court in Tennessee has ruled that an insurer's alleged failure to consider new evidence relating to an insured's claim that arose after the insurer had filed a declaratory judgment action could serve as the basis for a bad faith finding in favor of the insured. Read More

Automobile Insurance

18 Year Old Who No Longer Qualified as a "Foster Child" Was Family's "Ward" and Entitled to Coverage, Pennsylvania Appeals Court Holds
An appellate court in Pennsylvania, reversing a trial court's decision, has ruled that an 18 year old who no longer qualified as a foster child but who still was living with the family was its "ward" for purposes of its auto insurance policy and, therefore, was entitled to coverage for claims arising out of an auto accident. Read More

Homeowners Insurance
Neighbor's Claims that Other Neighbor Had Intentionally Erected Encroaching Fence and Cut His Olive Trees Arose from Conduct that Was "No Accident," California Appeals Court Decides
An appellate court in California, affirming a trial court's decision, has ruled that an insured homeowner was not entitled to coverage for a lawsuit alleging that she had erected a fence that encroached on her neighbor's property and that she had pruned nine of his olive trees. Read More

Life Insurance
Whether Firefighter's Death Was an "Accident" for Purposes of AD & D Policy Must Be Decided by Jury, 10th Circuit Rules
The U.S. Court of Appeals for the Tenth Circuit, reversing a Kansas district court's decision granting summary judgment in favor of the insurance company that had issued to a firefighter group an accidental death and dismemberment rider to a group life insurance policy, has ruled that a jury had to decide whether a firefighter's death was caused by "accidental bodily injury" under the rider. Read More

View All Case Law Developments

Superstorm Sandy

N.Y. and N.J. Senators Convene First Meeting of Superstorm Sandy Task Force
U.S. Senators Bob Menendez and Cory Booker (both D-N.J.), and Charles Schumer and Kirsten Gillibrand (both D-N.Y.) have convened the first meeting of the Sandy Task Force to examine what they characterized as "problems" within the Federal Emergency Management Agency's National Flood Insurance Program arising in the wake of Superstorm Sandy and to develop recommendations for short term and long term fixes. Read More

Health Insurance

Georgia Governor Signs Autism Coverage Bill into Law
Georgia Governor Nathan Deal has signed HB 429, which includes an autism coverage requirement. Read More

View All Legislative/Regulatory Developments
Fosun to Acquire Remaining Interest in Ironshore for $1.8 Billion Read More

Insurance Companies Violated Affordable Care Act's Women's Health Requirements, Report Asserts 
Read More

Zelle Hofmann Adds Insurance Practice Group on the East Coast Read More

Reinsurance Association of America Elects Officers 
Read More

FC&S Legal Publishes "The EU Solvency II Regime for Insurers: An Update on Implementation" Read More

View All Industry News
Noncumulation Clause


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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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