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TODAY'S TOP DEVELOPMENTS Monday, July 25, 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
How an Insurer Lost Its “Safe Harbor” and Was Ordered by the Oregon Supreme Court to Pay Its Insured’s Attorneys’ Fees
The Oregon Supreme Court has ruled that an insurance carrier raised issues beyond those it was permitted to in an arbitration with its insured and that, as a result, it would have to pay its insured’s attorneys’ fees, notwithstanding its attempt to rely on a statutory “safe harbor.” Read More

Georgia Appeals Court Rejects Insureds’ Contention That Location of Provision in Policy’s Declarations Section Rather Than Exclusions Section Created Ambiguity
An appellate court in Georgia, affirming a trial court’s decision, has rejected the insureds’ contention that a provision should not be enforced because it was located in the Declarations section of an aviation insurance policy and was not specifically labeled an “exclusion.” Read More

Environmental Liability
Colorado Appeals Court Applies “Notice-Prejudice” Rule to Pollution Coverage Claim
An appellate court in Colorado, reversing a trial court’s decision, has ruled that the notice-prejudice rule applied to the insured’s pollution claim under an occurrence policy, notwithstanding the “date-certain” requirement in the policy and notwithstanding that the notice provision was a “material condition precedent” to determining coverage. Read More

Environmental Liability
“Pollution Conditions” Was Ambiguous, Ohio District Court Decides
The U.S. District Court for the Southern District of Ohio has ruled that the term “pollution conditions” in a claims-based environmental impairment liability insurance policy was ambiguous and that as a result the insurer in a coverage dispute was not entitled to judgment on the pleadings in its favor.  Read More

View All Case Law Developments

Health Insurance

Justice Department and State Attorneys General Sue to Block Anthem’s Acquisition of Cigna, Aetna’s Acquisition of Humana
The U.S. Department of Justice and attorneys general from multiple states and the District of Columbia have sued to block Anthem’s proposed acquisition of Cigna and Aetna’s proposed acquisition of Humana, alleging that the transactions would increase concentration and harm competition across the country, reducing from five to three the number of large, national health insurers in the nation. Read More

In the States
Philadelphia Purchases $5 Million “Lawsuit Liability” Insurance Policy in Anticipation of Democratic Convention
The city of Philadelphia, which is hosting the Democratic National Convention next week, reportedly has paid a $1.2 million premium for a $5 million “riot or protest” insurance policy that would provide cover for officers’ “errors and omissions while performing their professional duties.” Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “Liability Insurance Basics for Litigators”  Read More

Assurant Finalizes $1.4 Billion Property Catastrophe Reinsurance Program  
Read More

Allianz Global Corporate & Specialty Appoints Adam Posner as Senior Underwriter for Terrorism & Political Violence Insurance in North America  
Read More

How Much Can Be Saved by Increasing a Home Insurance Deductible?  
Read More Adds Health Insurance Plans for Consumers Who Missed 2016 Open Enrollment Period  
Read More

View All Industry News
Form Analysis
Auto Dealers Coverage Form Conditions


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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