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TODAY'S TOP DEVELOPMENTS Monday, August 31, 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.


Homeowners Insurance
Court Rejects Insurer's Request to "Setoff" Payments Insureds Received from Third Parties Against Amounts Payable Under Their Insurance Policy
A federal district court in Wisconsin has ruled that a homeowner's insurance company could not "setoff" the amounts its insureds received from third parties who had sold them their home against amounts due under the policy for damages to the home. Read More

Commercial Property

Maryland District Court Dismisses First-Party Insurance Bad Faith Claim Where Policy Limit Exceeded $1 Million but Separate Liability Limits for Property at Issue Did Not
A federal district court in Maryland has dismissed a first-party insurance bad faith claim because the policyholder failed to exhaust administrative remedies by bringing the claim first to the Maryland Insurance Administration where the policy's liability limit exceeded $1 million but the policy had separate liability limits for the specific property at issue that were well below $1 million. Read More

Crime and Employee Dishonesty
11th Circuit: Inventory Comparisons Showing Shortage of 82,510 Bottles of 5-Hour Energy Products Did Not Prove Claimed Loss
The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Middle District of Alabama, has ruled that an insured wholesaler was not entitled to coverage for its claim that a former employee had stolen 82,510 bottles of 5-Hour Energy products where it had provided no independent evidence of the alleged theft but had relied solely on inventory comparisons to prove the claimed loss. Read More

Automobile Insurance
Minnesota Supreme: "Coverage Available" Meant Benefits Actually Paid to Insured, Not Limit of Liability
The Minnesota Supreme Court, reversing lower court decisions in a case stemming from an accident involving multiple injured passengers, has ruled that the term "coverage available" in the state's no-fault law meant the benefits actually paid to the insured under the coverage provided by the occupied vehicle's policy. Read More

View All Case Law Developments

In the States

Florida Insurance Regulator Approves Removal of up to 280,857 More Policies from Citizens
The Florida Office of Insurance Regulation has approved the removal of up to 279,357 additional personal residential policies and 1,500 additional commercial residential polices from Citizens Property Insurance Corporation. Read More

Life Insurance
Washington Insurance Department Warns of Life Insurance Mail Scam
The Washington Insurance Department is warning that some Washington residents have received mailers from the National Processing Center advertising a "state-regulated life insurance program to pay Final Expenses for just pennies a day" but that this was a "mail phishing scam." Read More

View All Legislative/Regulatory Developments
1347 Property Insurance Holdings Appoints Dennis A. Wong to Its Board of Directors Read More

ACE Commercial Risk Services Launches Specialty Products for Small Businesses 
Read More

Insurance Industry Regulator Alfred W. Bottalico Joins Locke Lord's Insurance Practice in Los Angeles Read More

FC&S Legal Publishes "Provider Directories: Litigation, Regulatory, and Operational Challenges" 
Read More

Vermont Captive Insurance Association Presents Annual Awards Read More

View All Industry News
Scheduling Personal Property for the Homeowners Insured


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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