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TODAY'S TOP DEVELOPMENTS Friday, July 29, 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

Montana Supreme: “Earth Movement” Exclusion Precludes Coverage for “Any and All” Types of Earth Movement – Including Large Boulder That Hit Cabin
The Montana Supreme Court, affirming a trial court’s decision, has ruled that a policy’s “earth movement” exclusion “broadly” precluded coverage for “any and all types of earth movement” – including for damage caused by a large rock falling down a hillside into the insured’s cabin. Read More

Material Misrepresentation on Application Dooms Loss Payee Bank’s Coverage for Theft by Insured’s Employees
A federal district court in Connecticut has ruled that an insurer could properly rescind insurance policies as a matter of law where the insured had made a material misrepresentation in response to a question on the applications. Read More

Court Voids “Field of Entertainment” Exclusion Where It Excluded All Advertising Injury Coverage
A federal district court in Florida has ruled that a “Field of Entertainment” exclusion contained in an endorsement to a commercial general liability insurance policy was not enforceable where it excluded all “advertising injury” coverage and would make the policy’s advertising injury coverage illusory.  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

Federal Actions
Three Charged in Alleged $1 Billion Medicare Fraud and Money Laundering Scheme
The owner of more than 30 Miami-area skilled nursing and assisted living facilities, a hospital administrator, and a physician’s assistant have been charged with conspiracy, obstruction, money laundering, and health care fraud in connection with an alleged $1 billion scheme involving numerous Miami-based health care providers. Read More

View All Legislative/Regulatory Developments
How Much Can Be Saved by Increasing a Home Insurance Deductible?  Read More

The 2016 Hiscox Embezzlement Study: A Report on White Collar Crime in America  
Read More

Life Insurance Accounts for Largest Share of Both Voluntary Inforce and Sales, Eastbridge Reports  
Read More

FC&S Legal Publishes “Liability Insurance Basics for Litigators” 
Read More

Adelson, Testan Names Alison J. Schefer and Daniel J. Simpson as Partners in Fort Lauderdale  
Read More

View All Industry News
Captive Insurance Companies


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

FC&S Legal: The Insurance Coverage Law Information Center

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