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TODAY'S TOP DEVELOPMENTS Friday, July 15, 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.


Directors & Officers
Kentucky District Court Predicts that Kentucky Supreme Court Would Not Extend Notice-Prejudice Rule to Claims-Made-and-Reported Policies
A federal district court in Kentucky has issued a decision predicting that the Kentucky Supreme Court "would not extend the notice-prejudice rule to claims-made-and-reported policies that clearly and unambiguously" required timely notice "as a condition precedent to coverage." Read More

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

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

Homeowners Insurance
A Good Walk Spoiled, But At Least There May Be Insurance Coverage
A federal district court in Washington has denied an insurer's summary judgment motion without prejudice in a coverage case stemming from allegations that two golfers assaulted a golf pro on a golf course. Read More

View All Case Law Developments

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

In the States
New York State to Adopt Principle-Based Reserving for Life Insurers in 2018
The New York State Department of Financial Services has announced that it will adopt principle-based reserving for its regulated life insurers beginning in January 2018 and that it has convened a working group representing industry and consumers to assist it in establishing the necessary reserve safeguards. 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

FC&S Legal Publishes "Bitcoin, Blockchain, and Insurance: New Tech, Old Rules"
Read more

FC&S Legal Publishes "Federal Reserve Publishes Advance Notice of Proposed Rulemaking on Capital Requirements for Insurers" 
Read More

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

$2 Million to Be Distributed to Three Major Causes from Jewelers Mutual Insurance Company 
Read More

View All Industry News
Sorting of Property under ALE


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

FC&S Legal: The Insurance Coverage Law Information Center

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