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TODAY'S TOP DEVELOPMENTS Tuesday, June 21, 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.


Employment Practices Liability
Massachusetts Top Court Asked to Decide If Insurer Must Pay for Counsel to Prosecute Insured's Counterclaim
The U.S. Court of Appeals for the First Circuit has asked the Supreme Judicial Court of Massachusetts to determine whether an insurer, as part of its defense of a claim against its insured, must provide and pay for counsel to prosecute its insured's counterclaim against the claimant.  Read More

Health Insurance
New York's Top Court Rules That Health Insurer May Not Seek Reimbursement from No-Fault Insurer
New York's highest court, the New York Court of Appeals, has ruled that a health insurer that paid for medical treatment that should have been covered by the insured's no-fault automobile insurance carrier could not maintain a reimbursement claim against the no-fault insurer because the no-fault law and its implementing regulations do not contemplate reimbursement to a health insurer, as opposed to a health care provider. Read More

Claims Resolution
Why a 1980 "All-Risks" Policy May Cover Damage Discovered in 2014
A federal district court in Washington has refused to dismiss a homeowners association's coverage suit as untimely, even though it was filed in 2015 and sought coverage under a policy effective from 1980 to 1982 – notwithstanding the policy's one-year suit limitations provision. Read More

Homeowners Insurance
After Paintball Gun Intentionally Shot by Child Damaged Friend's Eye, Delaware Court Finds No Coverage
A Delaware state court has ruled that a homeowners' insurance policy did not cover claims arising from the insured's son's intentional act of shooting a paintball gun at a friend, which damaged his eye. Read More

View All Case Law Developments

Health Insurance

California Insurance Commissioner Urges U.S. Justice Department to Block Anthem/Cigna Merger
California Insurance Commissioner Dave Jones has urged the U.S. Department of Justice to block the proposed merger between Anthem, Inc., and Cigna Corporation. Read More

In the States
Lubbock Insurance Agent Charged with Targeting Elderly Clients
Joseph Allen Gaines, an insurance agent in Lubbock, Texas, has been arrested on charges that he kept clients' money that was intended to be used to purchase annuities. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "When Should a Trial Judge in a Coverage Case Disclose Personal Involvement in a Similar Matter?" Read More

FC&S Legal Publishes "Pollution Exclusion Applies to Lead Poisoning Claim under CGL Policy" 
Read More

Rising Drug Costs Attract Seniors to Illegal Online Pharmacies: ASOP Global, CSIP, and NCL Join Forces in Effort to Keep Older Americans Safe Online 
Read More

Allianz Partners with The Museum of Modern Art 
Read More

XL Catlin Names Stephen S. Oh as President of U.S. Excess & Surplus Operations 
Read More

View All Industry News
Form Analysis
Roof Surfacing Cosmetic Damage Exclusion—Windstorm or Hail


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

View Entire Summer 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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