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TODAY'S TOP DEVELOPMENTS Tuesday, August 8, 2017  

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
Seller's Claim That eBay's Vehicle Protection Program Was Unlawful Insurance Fails - for Now
A magistrate judge in South Carolina has dismissed, on standing grounds, a lawsuit alleging that eBay's "vehicle protection program" was an unlawful and unregulated insurance scheme.  Read More

Automobile Insurance
Lawyer Who Disclosed Too Much in Email to Insurance Adjuster Violated Duty of Confidentiality to Ex-Client, Minnesota Supreme Court Affirms
The Supreme Court of Minnesota has upheld a private admonition of a lawyer who disclosed a former client's confidential information to an insurance adjuster - even though it acknowledged that the disclosure was "isolated and nonserious."   Read More

Attorney's Fees
Insurers Ordered to Pay $62.7 Million, Plus Prejudgment Interest, for Attorneys' Fees and Litigation Expenses in Heparin Litigation
A federal district court in Maryland has concluded that two insurance companies had breached their duty to defend their insureds in over 1,000 federal and state lawsuits pertaining to allegedly contaminated heparin. As a consequence, the district court decided, the insurers had to pay the insureds $62,717,069.00, plus prejudgment interest, for the attorneys' fees and litigation expenses the insureds had incurred to defend themselves against the heparin litigation between January 18, 2009 and June 14, 2016.  Read More

Commercial General Liability
Insurer for Company That Sold Defective Concrete Must Pay for Damage It Caused
A federal district court in Texas has ruled that the insurer for a company that sold defective concrete to a builder must pay the builder for the damages caused by the concrete's failure in the building it was constructing.   Read More

View All Case Law Developments

In the States

New Mexico Becomes 28th State to Implement State-Based Systems
The National Association of Insurance Commissioners has announced the State Based Systems implementation for New Mexico.  Read More

In the States
California Regulator Takes Legal Action Against Access Insurance
The California Department of Insurance ("CDI") has issued an order to show cause, accusation, and notice of noncompliance charging Access Insurance Company and some of its affiliates with engaging in improper claims handling and improper rating and underwriting practices in violation of the California Insurance Code and the state's Fair Claims Settlement Regulations.  Read More

View All Legislative/Regulatory Developments
Angela Rinella Elected Vice President of GEICO Claims   Read More

Forecasters Predict Above-Average 2017 Atlantic Hurricane Season   
Read More

Travelers CEO Alan D. Schnitzer Elected Board Chair   
Read More

ProSight Specialty Insurance Launches All-Lines Marine Contractors Insurance Program   
Read More

FC&S Legal Publishes "4 Insurance Contents Claim Innovations Born from Catastrophe"   
Read More

View All Industry News
Form Analysis
AAIS Businessowners Common Endorsements


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, Cope Ehlers, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Norton Rose Fulbright US 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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