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TODAY'S TOP DEVELOPMENTS Wednesday, August 5, 2015

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.


Homeowners Insurance
Filed Rate Doctrine Barred Mortgagors' Complaint Over Alleged "Rebates" and "Kickbacks" Loan Servicer Received from Insurer in Connection with Lender-Placed Insurance, Second Circuit Decides
The U.S. Court of Appeals for the Second Circuit, reversing a district court's decision, has ruled that borrowers' claims that they had been overcharged for lender-placed insurance as a result of "rebates" and "kickbacks" their loan servicer had received from the insurance company were barred by the filed rate doctrine even though the transaction involved an intermediary — the loan servicer — that passed along the cost of the insurance to the borrowers. Read More

Insurance Fraud

Massachusetts Appeals Court Affirms Insurance Agent's Criminal Conviction for Insurance Fraud
An appellate court in Massachusetts has affirmed a jury's decision that an insurance agent had committed insurance fraud based on mis-statements in two applications she had submitted to an insurance company. Read More

Automobile Insurance
Addition of Vehicle to Existing Auto Policy Did Obligate Insurer to Re-Obtain UIM Waiver, Pennsylvania District Court Rules
A federal district court in Pennsylvania has ruled that the addition of a vehicle to an existing automobile insurance policy, as to which there was a prior properly noticed and executed waiver of underinsured motorist benefits, did not obligate the insurer to re-notice or re-obtain a new waiver of such coverage. Read More

Eye on the Experts
Eleventh Circuit Holds No Duty to Defend Directors Serving in Mixed Capacities
This Eye on the Experts article discusses a recent U.S. Court of Appeals for the Eleventh Circuit ruling affirming a Georgia federal court decision that there was no coverage under a directors and officers insurance policy for claims asserted by beneficiaries of a family trust against a closely held corporation and two of its directors and officers. Read More

View All Case Law Developments

Federal Actions

AIG, Prudential, and GECC Told to Improve Their "Living Wills"
The Federal Reserve Board and the Federal Deposit Insurance Corporation have provided feedback to three nonbank financial companies regarding their initial resolution plans (so-called "living wills") and guidance to the firms for their upcoming filings. Read More

In the States
Sha'Ron James Is Appointed Florida's Insurance Consumer Advocate
Sha'Ron James has been named the Insurance Consumer Advocate of Florida. Read More

View All Legislative/Regulatory Developments
Risks to Drive $10 Billion Cyber Insurance Market by 2020, Says ABI Research Read More

Phoenix Completes De-Stacking of Insurance Company Subsidiaries  
Read More

Aviva Enhances Critical Illness Cover to Pay More Claims Ahead of ABI Deadline Read More

Paul Krump to Become EVP for Global Underwriting and Claims at ACE Group 
Read More

Endurance Completes Acquisition of Montpelier Re Read More

View All Industry News
Forms Analysis
Floor Plan Coverage Form


Browse our entire library of over 2,500 insurance resources and forms.

View Entire July/August 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

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