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TODAY'S TOP DEVELOPMENTS Wednesday, June 22, 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.


Where There's Smoke ... There's Coverage for an Open-Air Theatre
A federal district court in Oregon has ruled that a theatre's claim for losses suffered when wildfire smoke infiltrated its open-air theatre was covered under its insurance policy because the theatre sustained "physical loss or damage to property." Read More

Homeowners Insurance
Where There's Fire ... and a Misrepresentation Regarding a Central Station Alarm, There's Rescission
An appellate court in Florida, reversing a trial court's decision, has ruled that an insurance company was entitled to rescind a policy after a kitchen fire in the insureds' home because they had misrepresented whether their home was protected by a central station alarm system. Read More

Homeowners Insurance
Agent's Negligence Estops Insurer from Denying Coverage Based on Insured's Misrepresentations About Dog Ownership
An appellate court in Minnesota has ruled that an insurance agent's negligence in helping the insured complete applications for a homeowner's policy and an excess liability policy precluded the insurer from seeking to rely on alleged misrepresentations in the applications about the insured's ownership of an Akita. Read More

Duty to Defend
Does a General Contractor's Liability Insurer Have a Duty to Defend the Policyholder's Surety in a Liability Action? The United States Federal District Court for the Northern District of California Says "No"
This Insurance Coverage Law Report article explores the issue of what duty, if any, a liability insurer has to defend a policyholder's surety under the supplementary payments provisions when both the policyholder and surety are sued in the same construction defect action. Read More

View All Case Law Developments

Workers Compensation

California Insurance Commissioner Rules That Berkshire Hathaway Insurer Circumvented Regulatory Review at Expense of California Businesses
California Insurance Commissioner Dave Jones has determined that a Berkshire Hathaway owned workers' compensation insurer used a complex insurance scheme to circumvent regulatory review of its rates and policy terms to the disadvantage of small and medium sized businesses. Read More

In the States
Connecticut Office of State Ethics Examining Participation of Connecticut Insurance Commissioner in Review of Proposed Cigna/Anthem Merger
The Connecticut Office of State Ethics has opened a 30-day comment period in connection with a declaratory ruling petition from Common Cause in Connecticut regarding whether Connecticut Insurance Commissioner Katharine Wade's participation in the review of the proposed Cigna/Anthem merger would violate the state's code of ethics. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "The Notice-Prejudice Rule and Claims-Made Policies" in Its Flagship Publication, the Insurance Coverage Law Report" Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Washington" 
Read More

MassMutual Foundation and UMass Amherst Seek to Enrich Data Science and Cybersecurity Programs 
Read More

Esurance Becomes Home and Auto Insurance Partner of Minor League Baseball 
Read More

Ironshore International Introduces Political Risk Coverage for Film Producers 
Read More

View All Industry News
Settlement for Loss of Cell Phone


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

View Entire Summer Insurance Coverage Law Report
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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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