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TODAY'S TOP DEVELOPMENTS Monday, August 15, 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.


Automobile Insurance
“Good Luck” to “Average Insurance Buyer” in Deciphering “Other Insurance” Clause, Idaho Supreme Court Declares in Rejecting Insurer’s Interpretation
The Idaho Supreme Court has ruled that, notwithstanding the same “Other Insurance” clause in two separate auto policies issued by an insurer to divorced parents, the insurer had to pay the policy limit of $300,000 on each of the policies for the benefit of the parents’ son, who had been severely injured in an auto accident. Read More

Automobile Insurance
Indiana Supreme: Policy’s 3 Year Suit Limitation Period Conflicted with Its Exhaustion Requirement and Was Unenforceable
The Indiana Supreme Court has ruled that a three year suit limitation period in an automobile insurance policy conflicted with the policy provision requiring exhaustion of a tortfeasor’s policy limits and, therefore, was unenforceable. Read More

Commercial General Liability
Florida Supreme Court Asked to Decide Whether Statutory “Notice and Repair” Process Was a “Suit”
The U.S. Court of Appeals to the Eleventh Circuit has asked the Florida Supreme Court to decide whether a statutorily prescribed notice and repair process constituted a “suit” under a commercial general liability insurance policy, so as to trigger the insurer’s duty to defend. Read More

Homeowners Insurance
Ruff Time for Insurer: Seventh Circuit Rules That Carrier Had to Cover Suit by Houseguest Injured While Walking Insureds’ Dog
The U.S. Court of Appeals for the Seventh Circuit, affirming a decision by the U.S. District Court for the Southern District of Indiana, has ruled that a friend of the insured homeowners had not been “legally responsible” for their dog when he was injured walking it at their home and, therefore, that the insurer had to cover the friend’s lawsuit against the homeowners. Read More

View All Case Law Developments

Health Insurance

Receivership Order Issued Against Meritus Health Insurers
An Arizona court has issued an “Order for Appointment of Receiver and Injunction” against two Arizona health insurance companies: Compass Cooperative Health Plan, Inc., a health care services organization doing business as Meritus Health Partners, and Compass Cooperative Mutual Health Network, Inc., a disability insurer doing business as Meritus Mutual Health Partners. Read More

In the States
Missouri Insurance Regulators Say Blue Cross Blue Shield of Kansas City Policyholders Were Impacted by Newkirk Data Breach
The Missouri Department of Insurance is reporting that Newkirk Products, Inc., a service provider that issues healthcare ID cards for health insurance plans, has had a data breach. Read More

View All Legislative/Regulatory Developments
Locke Lord Adds William Primps as Partner in New York  Read More

Andrew A. Kay Promoted to Divisional Senior Vice President of Great American Insurance Group  
Read More

Karen Prange Joins Lockton Retirement as Chief Compliance Officer  
Read More

Doctors Company Creates New Subsidiary to Offer Professional Liability Coverages for Healthcare Entities  
Read More

PURE Insurance Grows Its Senior Management Team  
Read More

View All Industry News
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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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