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TODAY'S TOP DEVELOPMENTS Friday, July 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.


Professional Liability Insurance
Finding It Unclear Whether a Conversion Had Occurred, N.J. District Court Permits Insured's Claim for Funds Lost to Hacker to Proceed
A federal district court in New Jersey has denied an insurance company's motion to dismiss a coverage action based on a "conversion" exclusion in its policy in a case where a hacker allegedly obtained funds to which it was not entitled, concluding that it was not yet clear whether a "conversion" had occurred. Read More

Superstorm Sandy
Superstorm Sandy Case Involving Coverage for Cost of Debris Removal Reaches N.J. Supreme Court
The New Jersey Supreme Court has agreed to review a decision by a New Jersey appellate court that held that the owner of an apartment complex damaged by Superstorm Sandy was entitled to recover over $200,000 for the costs of debris removal from its insurer in addition to the policy's $1 million limit for flood damage to its insured property. Read More

Automobile Insurance
Another Florida Appeals Court Enters the Fray Over Policy's "Fee Schedule" Language
The Third District Court of Appeal in Florida has issued a decision on the enforceability of certain "fee schedule" language in an automobile insurance policy that agreed with decisions by the First and Second District Courts of Appeals but that conflicted with a decision by the Fourth District Court of Appeal. The Florida Supreme Court has agreed to resolve the conflict. Read More

Crime and Employee Dishonesty
All of Loss Allegedly Attributable to One Employee Was a Single Loss, Which Insured Had "Discovered" Prior to Policy's Inception, Sixth Circuit Rules
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by the U.S. District Court for the Northern District of Ohio, has ruled that all of a loss allegedly attributable to one employee was a single loss under an employee theft insurance policy and that the insured had "discovered" that loss prior to the execution of the policy.  Read More

View All Case Law Developments

Federal Actions

Treasury's Federal Insurance Office Adopts Methodology for Monitoring Affordability of Auto Insurance
The U.S. Department of the Treasury's Federal Insurance Office has adopted a methodology for monitoring the affordability of automobile insurance. Read More

In the States
New York Bars Insurer Discrimination Against Pregnant and Postpartum Women
The New York State Department of Financial Services has issued guidance that, it said, is intended to ensure that insurance carriers do not unfairly discriminate against pregnant and postpartum women. Read More

View All Legislative/Regulatory Developments
Ward Group Announces Its 50 Top Performing Insurance Companies for 2016  Read More

Most Small SUV Headlights Rate Poor in IIHS Evaluations  
Read More

Allstate Reports Finds Brownsville, Texas, as the Safest City for Drivers  
Read More

Kirby McInerney Investigating Practices of U.S. Bank Home Mortgage Relating to Release of Insurance Claim Proceeds  
Read More

FC&S Legal Publishes "Second Circuit Reminds Consumer Product Companies That Insurance Options Exist for Big Data Blunders and Privacy Faux Pas"  
Read More

View All Industry News
Resident Relative and Separate Policies


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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