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TODAY'S TOP DEVELOPMENTS Tuesday, August 18, 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.


Employee Benefits
Eighth Circuit Joins Four Other Circuits in Rejecting ERISA Plan's Coverage Suit Against Non-ERISA Insurers
The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the District of Minnesota, has ruled that a health and welfare plan governed by the Employee Retirement Income Security Act of 1974 could not bring an action against non-ERISA insurance companies to determine who had primary responsibility to cover medical expenses incurred by their common insureds. The Eighth Circuit is the fifth federal circuit court of appeals to reach this conclusion in cases involving the same plan. Read More

Title Insurance

"Actual Loss" Under Lender's Title Insurance Policy Required Equity in Property Securing Lender's Mortgage, Minnesota Appeals Court Rules
An appellate court in Minnesota, reversing a trial court's decision, has ruled that "actual loss" under a lender's title insurance policy required there to be equity in the property securing the lender's mortgage. Read More

Automobile Insurance
Minnesota Appeals Court Rejects Insurer's Constitutional Challenge to Mandatory Arbitration of Certain No-Fault Claims
An appellate court in Minnesota, affirming a trial court's decision, has ruled that the requirement of "mandatory and binding arbitration" of claims for $10,000 or less under the Minnesota No-Fault Automobile Insurance Act was not unconstitutional. Read More

Eye on the Experts
Texas Supreme Court Decides that PRP Letters Issued by EPA under CERCLA Constitute a "Suit"
This Eye on the Experts article explains a recent Texas Supreme Court decision holding that the undefined term "suit" in the standard-form commercial general liability policy includes potentially responsible party letters issued by the Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act. Read More

View All Case Law Developments

Superstorm Sandy

N.Y. Governor Cuomo Requests Federal Waiver for Superstorm Sandy Homeowners Set to Receive FEMA Settlements
New York Governor Andrew M. Cuomo has asked that U.S. Housing and Urban Development Secretary Julián Castro use his executive discretion to waive the "duplications of benefits" regulation for homeowners affected by Superstorm Sandy. Read More

In the States
Heritage Approved to Write P&C Insurance in North Carolina
Heritage Property & Casualty Company, a subsidiary of Heritage Insurance Holdings, Inc., a property and casualty insurance holding company headquartered in Clearwater, Florida, has been approved to write property and casualty insurance in North Carolina by the North Carolina Department of Insurance. Read More

View All Legislative/Regulatory Developments
Therese A. Stevens Named President of SUNZ Insurance Company Read More

Anne Kevlin Named Director of Litigation at American Integrity Insurance Group 
Read More

FC&S Legal Publishes "Fifth Circuit Holds That Insured Versus Insured Exclusion Does Not Bar Coverage For All Suits Between Insureds" Read More

Delta Dental Plans Association Names Wells Hutchison as Its General Counsel 
Read More

Main Street America Group Introduces New Private Passenger Auto Insurance Program in Virginia Read More

View All Industry News
Meaning of "Entrusted" in Contractors Equipment Coverage


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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