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TODAY'S TOP DEVELOPMENTS Friday, May 27, 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.


Personal Lines
A Plane Crash: No Coverage Where Pilot’s Medical Certificate Had Expired
A federal district court in Arizona has ruled that there was no coverage for the crash of a plane being flown by a pilot whose medical certificate from the Federal Aviation Administration had expired. Read More

Workers Compensation
Florida Supreme Court Strikes Down Law Creating Mandatory Attorneys’ Fee Schedule in Workers’ Comp Cases
The Florida Supreme Court has struck down, as unconstitutional on Due Process grounds, the mandatory fee schedule in Section 440.34, Florida Statutes (2009), finding that it eliminated the requirement of a reasonable attorneys’ fee to a successful workers’ compensation claimant. Read More

Homeowners Insurance
Where to Sue an Insurance Reciprocal Exchange?
A federal district court in Oregon has issued a decision explaining where an insurance reciprocal exchange may be sued. Read More

In Asbestos-Related Excess Coverage Dispute, New York’s Top Court Applies “All Sum” Allocation and Vertical Exhaustion
New York’s highest court, the New York Court of Appeals, has decided, in an asbestos coverage dispute, that “all sums” allocation applied where the excess insurance policies either followed form to a non-cumulation provision or contained a non-cumulation and prior insurance provision. The Court also decided that vertical exhaustion was required before certain upper level excess policies attached. Read More

View All Case Law Developments

Superstorm Sandy

N.J. Congressman Tom MacArthur Claims FEMA Still Is Wrongfully Denying Superstorm Sandy Claims
The Federal Emergency Management Agency, which previously agreed to reopen thousands of claims, is engaged in a “systemic effort” to continue to “wrongfully deny the claims of Sandy victims,” Congressman Tom MacArthur (R-N.J.) is charging. Read More

Health Insurance
Wyeth and Pfizer to Pay $784.6 Million to Settle Allegations that Wyeth Underpaid Drug Rebates to Medicaid
Pharmaceutical companies Wyeth and Pfizer Inc. have agreed to pay $784.6 million to resolve allegations that Wyeth knowingly reported to the government false and fraudulent prices on two of its proton pump inhibitor drugs, Protonix Oral and Protonix IV. Read More

View All Legislative/Regulatory Developments
Absence of Adequate Cyber Insurance Coverage Poses Major Threat, AsTech Consulting Warns  Read More

Guardian Offers Voluntary Permanent Life Insurance Coverage 
Read More

AIG, Hamilton Insurance Group, and Two Sigma Announce Plans to Establish Joint Venture for SME Market 
Read More

Erie Insurance and Liberty Mutual Rank Highest in Satisfying Purchase Experience, Says J.D. Power Study 
Read More

John Hancock Makes Life Insurance Available to People Living with HIV 
Read More

View All Industry News
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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

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