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TODAY'S TOP DEVELOPMENTS Wednesday, June 7, 2017  

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.


Automobile Insurance
Woman Hit by Car After Parking Her Vehicle Was Not "Using" or "Operating" Her Vehicle
A New Jersey appellate court has ruled that a woman struck by a car after parking her insured vehicle was not entitled to personal injury protection benefits because her vehicle was not being "used or operated" at the time she was injured.   Read More

Commercial Auto
EMT Hit by Car While Waiting to Go to Ambulance Was Not "Occupying" Ambulance
The U.S. Court of Appeals for the Fourth Circuit, reversing a decision by the U.S. District Court for the District of South Carolina, has ruled that an emergency medical technician hit by a car while waiting to go to her ambulance was not "occupying" the ambulance for purposes of recovering underinsured motorists benefits.   Read More

Environmental Liability
Pollution Exclusion Precluded Coverage of Claims Relating to Chemical Contamination at Love Canal
The U.S. Court of Appeals for the Second Circuit has ruled that an insurance policy's pollution exclusion precluded coverage for claims brought against the policyholder in connection with chemical contamination at Love Canal, near Niagara Falls, New York.   Read More

Homeowners Insurance
Dog's Undisclosed Prior Bites of Other Dogs Didn't Void Homeowners Policy
An appellate court in Massachusetts has ruled that a question on an insurance application regarding a dog's "bite history" was ambiguous and, as a result, a homeowner's insurance company was obligated to cover a lawsuit for damages caused when its insureds' dog allegedly attacked two other dogs.  Read More

View All Case Law Developments

Health Insurance

N.Y. Governor Cuomo Seeks to Retain ACA Rules, Whether or Not ACA Is Repealed
New York Governor Andrew M. Cuomo has directed the New York State Department of Financial Services to promulgate new emergency regulations mandating that health insurance providers do not discriminate against New Yorkers with preexisting conditions or based on age or gender, in addition to safeguarding the 10 categories of protections guaranteed by the Affordable Care Act.  Read More

Automobile Insurance
Hooligans Charged in High-Tech Auto Theft Scheme Targeting Jeeps
Nine members of the Hooligans Motorcycle gang have been charged by a federal grand jury in California with participating in a sophisticated scheme to steal scores of Jeep Wranglers and motorcycles in San Diego, California, using handheld electronic devices and stolen codes.   Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Company Cyberinsurance—The Supply Chain Dilemma"   Read More

Hamilton Re Establishes Turing Re, a Special Purpose Vehicle   
Read More

XL Catlin Extends Structured Risk Solutions Capabilities to U.S.; Appoints Aiden H. Joo as Senior Underwriter in New York   
Read More

Even Minor Driving Infractions Cause Insurance Rates to Spike, Study Finds   
Read More

Aimed Alliance, in New Journal Article, Calls on Trial Attorneys to Help Patients When Health Insurers Violate Consumer Protection Laws   
Read More

View All Industry News
No Insurance Coverage Provided for a Sexting Teacher under his Homeowners 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, Cope Ehlers, 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

FC&S Legal: The Insurance Coverage Law Information Center

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