Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Tuesday, August 16, 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.


Illinois Appeals Court Rules That Insurer Breached Duty to Underlying Plaintiff to Update Interrogatory Answer, and Bars It from Capping Its Liability at $50,000 Instead of $1 Million
An appellate court in Illinois has ruled that an insurance company had a duty under the Illinois rules of professional conduct to update an interrogatory answer for the benefit of the plaintiff who was suing its insured. The carrier’s failure to do so meant that it could not rely on a policy endorsement that would have limited its liability to $50,000 – instead of the $1 million that it initially had stated in the interrogatory answer. Read More

Health Insurance
Court Dismisses “Data Breach” Action Against Health Insurer, Finding Policyholders’ Alleged Injuries Too Speculative
A federal district court has dismissed an action against a health insurer that suffered a data breach that compromised personal information of over one million policyholders, ruling that the plaintiffs had not demonstrated a substantial risk that their stolen data had been or would be misused in a harmful manner and that merely having had their personal information stolen was insufficient to establish standing to sue the insurer. Read More

Life Insurance
Beneficiary of Life Insurance Policy Was Entitled to Proceeds, Notwithstanding Insured’s Will, Washington Appeals Court Rules
The beneficiary of a life insurance policy was entitled to the policy’s proceeds where he was named beneficiary in his personal capacity notwithstanding the insured’s efforts to have the proceeds distributed by the beneficiary, as her personal representative under her will, to her two sisters, an appellate court in Washington has ruled. Read More

Life Insurance
Ambiguity in Life Insurance Policy’s Cure Provision Doomed Insurer’s Contention That Policy Had Lapsed
The U.S. District Court for the Eastern District of New York has ruled that a cure provision in a life insurance policy was ambiguous and, as a result, has rejected the insurer’s contention that the policy had lapsed for nonpayment of premium. Read More

View All Case Law Developments

Health Insurance

New Massachusetts Law Requires Insurance Coverage for Lyme Disease Treatment
The Massachusetts legislature has overwhelmingly overridden a veto by Governor Charles D. Baker of a bill mandating insurance coverage for long-term antibiotic therapy for the treatment of Lyme Disease. Read More

Homeowners Insurance
FAIR Plan to Refund Consumers $350,000 Over Allegations It Unfairly Cancelled Homeowners Policies
The Attorney General of Massachusetts, Maura Healey, has reached a settlement with the Massachusetts Property Insurance Underwriting Association, which agreed to pay $350,000 to resolve allegations that it impermissibly cancelled homeowners insurance policies between January 2010 and February 2014. Read More

View All Legislative/Regulatory Developments
Competitive Market Boosts Satisfaction with Small Commercial Insurers; Gen Y Satisfaction Spikes Well Above Others, J.D. Power Study Finds  Read More

Endurance Global Risk Solutions Launches Environmental Liability Product  
Read More

Andrew S. Robinson Resigns as President of Specialty Insurance at The Hanover; John C. Roche Assumes Role on Interim Basis  
Read More

United Insurance Holdings Appoints Scott St. John as Chief Claims Officer  
Read More

RMS Analysis Reveals the 10 World Ports at Risk of Highest Insurance Loss Due to Catastrophe  
Read More

View All Industry News
Form Analysis
Asbestos Abatement Exposures


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, 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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
Copyright © 2016 ALM Media, LLC. All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018