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TODAY'S TOP DEVELOPMENTS Wednesday, June 17, 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.


Automobile Insurance
Additional Language in “Rejection of Underinsured Motorist Protection Form” Did Not Invalidate Insured’s Waiver, Third Circuit Affirms
The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the Eastern District of Pennsylvania, has ruled that a “Rejection of Underinsured Motorist Protection Form” signed by an insured was not invalid where it contained language in addition to the statutorily-required text.  Read More

Automobile Insurance

When 2 Vehicles Insured Under 1 Policy Collide, There Are 2 Deductibles, Oregon District Court Rules
A federal district court in Oregon has rejected an insured’s argument that there should be one deductible where two vehicles insured under one auto insurance policy were damaged in one collision. Read More

Commercial Property
Cosmetic Denting Caused by Hail Constituted “Direct Physical Loss” that Required Insurer to Replace Entire Roof, Seventh Circuit Holds
The U.S. Court of Appeals for the Seventh Circuit has affirmed a decision by the U.S. District Court for the Western District of Wisconsin requiring an insurer to replace a roof that had been dented by hail but otherwise had suffered no other physical damage. Read More

Eye on the Experts
New Jersey Supreme Court Defines “Successful Claimant” Under New Jersey Court Rule 4:42-9(a)(6) for Fee-Shifting in Certain Coverage Actions
This Eye on the Experts article discusses a recently issued Supreme Court of New Jersey pro-policyholder decision regarding fee-shifting under the New Jersey Court Rules. Read More

View All Case Law Developments

Federal Actions

Senator Warren Launches Investigation of Rewards and Incentives Offered to Annuities Dealers Advising Retirees
In letters sent to 15 of the country’s largest annuity providers, U.S. Senator Elizabeth Warren (D-Mass.) raised concerns about the rewards and incentives these companies offer to brokers and dealers who sell annuities to families and small investors. Read More

In the States
Nevada Insurance Commissioner Scott J. Kipper Resigns
Nevada’s Commissioner of Insurance Scott J. Kipper has announced his resignation as State Commissioner for the Nevada Division of Insurance, effective July 2, 2015. Read More

View All Legislative/Regulatory Developments
Boiler Inspection and Insurance Company of Canada Expands Data Breach Insurance and Online Tools Read More

Ironshore Establishes Chinese Investment Practice Group 
Read More

National General Holdings to Acquire Business Lines and Assets from Assurant Health Read More

Cecilia Reyes to Replace Axel P. Lehmann as Chief Risk Officer at Zurich Group; Urban Angehrn to Become Chief Investment Officer 
Read More

Aviva Launches Cyber Cover Read More

View All Industry News
Flood Definition Clarified


Browse our entire library of over 2,500 insurance resources and forms.

View Entire May / June Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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