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TODAY'S TOP DEVELOPMENTS Tuesday, July 12, 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.


Superstorm Sandy
N.J. Homeowners' Consumer Fraud Act Claim in Superstorm Sandy Case Withstands Motion to Dismiss
A federal district court in New Jersey has refused to dismiss a claim brought under the New Jersey Consumer Fraud Act by homeowners in a Superstorm Sandy case, rejecting the insurance company's contention that the claim was subject to the policy's one-year suit limitations period rather than the six-year statute of limitations period provided by New Jersey law. Read More

Excess v. Prime
California Supreme Court Asked to Decide "Other Insurance" Dispute
The U.S. Court of Appeals for the Second Circuit has certified two questions to the California Supreme Court regarding "other insurance." Read More

N.Y. Appeals Court Reforms Umbrella Policy Based on Insurer's Failure to Provide Required Notice of Change to Underlying Limits Four Years Earlier
In a case of first impression, an appellate court in New York has ruled that an insurer that issued an umbrella policy was required to provide notice of a change in the underlying limits pursuant to New York Insurance Law § 3425(d)(1) and that its failure to do so provided a basis to reform the umbrella policy. Read More

Environmental Liability
Finding "Scrivener's Error," N.J. District Court Reforms Policy to Exclude Additional Insured from Certain Coverage
A federal district court in New Jersey, finding "scrivener's error," has reformed an environmental liability insurance policy to exclude certain specified coverage that otherwise would have covered an additional insured. Read More

View All Case Law Developments

Health Insurance

Connecticut Insurance Department Places HealthyCT Under Order of Supervision
The Connecticut Insurance Department ("CID") has placed HealthyCT, a consumer oriented and operated plan, under an immediate order of supervision, which prohibits the company from writing new business or renewing existing business in Connecticut effective immediately. Read More

Health Insurance
N.Y. Department of Financial Services Acts to Expand Health Insurance Coverage for Preventative Care and Treatment of Breast Cancer
The New York Department of Financial Services has issued guidance to inform health insurers that they must provide coverage with no cost-sharing for breast cancer screenings, breast cancer risk assessments, genetic testing, and medications to reduce the risk of breast cancer. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Excess Policies Required Actual Payment of Underlying Limits Before Coverage Was Triggered, N.Y. Bankruptcy Court Rules" Read More

Ironshore Pembroke Managing Agency Introduces Updated Financial Institutions Crime Cover
Read more

Aviva Canada Completes Acquisition of RBC General Insurance 
Read More

XL Catlin Adds Brian Benjamin to Launch Global M&A Insurance Business 
Read More

American National Cashback Program Reaches $500 Million Milestone 
Read More

View All Industry News
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CA 04 45 10 13


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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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