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TODAY'S TOP DEVELOPMENTS Wednesday, June 29, 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.


Homeowners Insurance
West Virginia Supreme: 10 Year Statute of Limitations, Not Policy's One Year Suit Limitation Period, Governed Insureds' Breach of Contract Action Against Insurer
The West Virginia Supreme Court, affirming a trial court's decision, has ruled that a one year suit limitation period in a homeowners insurance policy was invalid and, therefore, that a 10 year statute of limitations applied to the insureds' breach of contract action against their insurer. Read More

Washington Supreme: "Change in Condition Endorsement" Unambiguously Precluded Coverage for Water Damage Immediately Upon Vacancy
The Washington Supreme Court, affirming an appellate court's decision, has ruled that the term "vacant" in a "Change in Condition Endorsement" was unambiguous and that the endorsement excluded coverage for water damage immediately upon vacancy. Read More

Case Study
Delaware Supreme Court Rejects Bad Faith Claim — A Case Study
The Delaware Supreme Court has issued a decision affirming a trial court's ruling dismissing a bad faith claim against an insurance company. The Delaware Supreme Court's opinion highlights the kinds of steps that, when taken by an insurance carrier, will help to preclude a bad faith ruling in favor of an insured under Delaware law. 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

View All Case Law Developments

Federal Actions

FEMA Continues to Experience Challenges in Protecting Personally Identifiable Information at Disaster Recovery Centers
The Office of Inspector General of the Department of Homeland Security has issued a report concluding that the Federal Emergency Management Agency continues to experience challenges in protecting personally identifiable information at disaster recovery centers. Read More

Health Insurance
New York Eliminates Insurance Costs for Mammograms
New York Governor Andrew M. Cuomo has signed legislation intended to expand access to breast cancer screenings by, among other things, removing insurance costs. Read More

View All Legislative/Regulatory Developments
CBZ Insurance Services Makes Seizure and Confiscation Coverage Available to Legally Operating Cannabis Businesses  Read More

Drivers Age 50+ Want More High Tech Safety in Next Vehicle, According to New Survey  
Read More

Teen Drivers Are Still Expensive to Insure, But Costs Have Started to Drop, Study Finds 
Read More

Major Auto Insurers Raise Rates an Average of 59 Percent on Lower Income Good Drivers Based on Their Economic Status, CFA Says  
Read More

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

View All Industry News
Protective Safeguards and Nonrelated Causes of Loss


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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