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TODAY'S TOP DEVELOPMENTS Wednesday, August 3, 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.


Claims Resolution
Tenth Circuit Decides It Did Not Have Appellate Jurisdiction Over Non-Final Order Denying Confirmation of Property Loss Appraisal
The U.S. Court of Appeals for the Tenth Circuit has ruled that it did not have appellate jurisdiction over a non-final order issued by the U.S. District Court for the District of Colorado denying confirmation of a property loss appraisal under an insurance policy issued to a motel owner. Read More

Automobile Insurance
Trial Court Should Have Considered Deponents' Statements Recanting Their EUOs When Determining If Fact Question Existed, Michigan Appeals Court Says
An appellate court in Michigan has ruled that a trial court should have considered the statements a couple made in depositions in which they said that they had lied in their earlier pre-litigation examinations under oath when the trial court was deciding whether an issue of material fact precluded it from granting summary judgment to an insurer in a coverage action. Read More

Business Owners
The Straw That Broke Coverage: Late Notice
A federal district court in Minnesota has ruled that a food marketing and distribution company was not entitled to insurance coverage for a suit brought by its former straw salesperson where the company had not provided timely notice, which was a "condition precedent of liability under the insurance contract." Read More

Life Insurance
Michigan Entitled to 90 Percent of Life Insurance Proceeds Received by Inmate, Appeals Court Rules
An appellate court in Michigan, reversing a trial court's decision, has ruled that the state was entitled to 90 percent of the total life insurance proceeds received by an inmate following his grandmother's death. Read More

View All Case Law Developments

Superstorm Sandy

N.Y. Brings 50-Count Indictment Alleging Forgery of Insurance Damage Reports in Wake of Superstorm Sandy
New York State Attorney General Eric T. Schneiderman has brought a 50-count indictment charging Matthew Pappalardo and his former employer, HiRise Engineering, P.C., with altering engineering reports prepared in connection with the assessment of structural damage of residential properties resulting from Superstorm Sandy. Read More

Federal Actions
SSDI Hearing Backlog Exceeds 1.1 Million People with Disabilities, Wait Time Nears Two Years for Tens of Thousands, Allsup Report Shows
The number of people with severe disabilities waiting for a decision on their claims for Social Security Disability Insurance has reached historic highs, according to Allsup. Read More

View All Legislative/Regulatory Developments
Aetna and Humana to Sell Certain Medicare Advantage Assets to Molina Healthcare – Subject to Approval of Aetna-Humana Combination Read More

Reliance Standard Names Christopher Fazzini President and Thomas Burghart EVP 
Read More

The Hartford Integrates Dental, Vision Coverage with Its Disability, Life Insurance for Small Businesses 
Read More

Global Economy Weathered $98 Billion Natural Hazard Loss in First Half of 2016, According to Aon Report; Insurers Liable for $30 Billion 
Read More

Insurance Subsidies Exacerbate Climate Change Risks, R Street Report Asserts 
Read More

View All Industry News
ISO Form
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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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