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TODAY'S TOP DEVELOPMENTS Wednesday, August 10, 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.


Environmental Liability
Fifth Circuit, Applying New York Law, Rules That "Remediation Costs" in Pollution Liability Policy Was Ambiguous
The U.S. Court of Appeals for the Fifth Circuit has ruled that the term "remediation costs" in a pollution liability policy was ambiguous under applicable New York law. Read More

Environmental Liability
N.J. Appeals Court Reinstates Coverage Action Against Insurers by Assignee of Bankrupt Company Seeking Coverage of Environmental Cleanup Costs
An appellate court in New Jersey has reinstated portions of a complaint against insurance companies brought by the assignee of a company in bankruptcy seeking insurance coverage for environmental cleanup costs relating to property it acquired during the assignor's bankruptcy case. Read More

Environmental Liability
Warehouse Receipt Requirement, But Not Pollution Exclusion, Dooms Claim for Coverage of Damage Allegedly Caused by Formaldehyde Gas
A federal district court in Illinois has ruled that a pollution exclusion in a warehouse liability insurance policy did not preclude coverage for claims that stored property had been damaged by formaldehyde gas — but that there was no coverage because the policy's requirement of a warehouse receipt signed by the property owner had not been met. Read More

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

View All Case Law Developments

Health Insurance

New Medicare Law Requires Hospitals to Notify Individuals of "Observation" Status
The federal "Notice of Observation Treatment and Implication for Care Eligibility Act," amending Title XVIII (Medicare) of the Social Security Act, has taken effect. It requires that hospitals and critical access hospitals give every individual who receives observation services as an outpatient for more than 24 hours notification of the individual's status as an outpatient and not as an inpatient. Read More

Workers Compensation
Florida Business Owner Charged with Stealing Over $1 Million Through Payroll Check-Cashing and Workers Comp Scheme
Ivan Hernandez, owner of Global Staffing / Professional Staffing and Payroll Services in Ft. Myers, Florida, has been charged with running a criminal enterprise by claiming to provide workers compensation insurance and payroll services to his clients but, instead, providing fictitious policies and pocketing his client's payments. Read More

View All Legislative/Regulatory Developments
Philadelphia Insurance Offers New Cyber Security Liability Endorsement  Read More

Chubb Names Michael Kessler Chief Reinsurance Officer  
Read More

Watford Specialty Insurance Purchases Dormant Admitted Carrier  
Read More

Unum Completes Purchase of Louisiana-Based Starmount Life  
Read More

Berkshire Hathaway Travel Protection Underwrites Cover-More's Launch of Direct Travel Insurance in the U.S. 
Read More

View All Industry News
Additional Insured Endorsements


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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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