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TODAY'S TOP DEVELOPMENTS Wednesday, July 13, 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.


Attorney's Fees
Law Firm Loses Bid for Fees for Subrogation Actions It Handled for Insurer
A federal district court in Kansas, applying Illinois law, has rejected a law firm's request for certain fees in connection with subrogation actions it handled for an insurance company, finding that a provision in the parties' agreement entitled the insurer to withhold those fees. Read More

Wisconsin Supreme: Insured Who Received Full Personal Injury and Property Damage Benefits, But Had Not Been Made Whole, May Not Recover Funds Insurer Obtained in Subrogation
The Wisconsin Supreme Court, reversing an appeals court decision, has ruled that an insured was not entitled to possession of funds his insurer had recovered in subrogation where the insurer had paid him all the personal injury and property damage benefits he was entitled to receive, even if those payments had not made the insured whole for his bodily injuries. Read More

Automobile Insurance
GEICO Files RICO Lawsuit in Florida
GEICO has sued five companies and six known individuals, alleging that they have engaged in a complex scheme to submit hundreds of suspected fraudulent glass repair bills for payment.  Read More

Eye on the Experts
Excess Policies Required Actual Payment of Underlying Limits Before Coverage Was Triggered, N.Y. Bankruptcy Court Rules
The author discusses a recent decision by a New York bankruptcy court that reaffirms the general insurance law principle requiring actual exhaustion of underlying coverage limits before excess policies can be reached – even when the insured seeks bankruptcy protection. Read More

View All Case Law Developments


Members of Congress Demand That FEMA Provide Oversight of National Flood Insurance Program; Senators Urge Program Reforms
Congressman Frank Pallone, Jr. (NJ-06), Congresswoman Maxine Waters (CA-43), and 21 of their colleagues have sent a bipartisan letter asking that the Federal Emergency Management Agency fulfill its legal obligation to provide oversight of the private insurance companies that participate in the National Flood Insurance Program. Read More

Insurance Fraud
Arrest Warrant Issued for Golf Insurance Scammer Kevin Kolenda
Golf tournament insurance scammer and convicted felon Kevin Kolenda is wanted on a national extradition warrant after he failed to appear in a Washington state court on July 7 to face one felony charge for selling insurance without a license. Read More

View All Legislative/Regulatory Developments
MassMutual Completes $165 Million Acquisition of the MetLife Premier Client Group Read More

U.S. S&P 500 Pension Plans See Funded Status Deficit Increase $48 Billion in Second Quarter
Read more

Lisa M. Campisi Joins Blank Rome's New York Office as a Partner in the Insurance Coverage Group 
Read More

FC&S Legal Publishes "Federal Reserve Proposes Enhanced Prudential Standards for Insurance SIFIs" 
Read More

XL Catlin to Sponsor Deep Ocean Survey 
Read More

View All Industry News
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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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