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TODAY'S TOP DEVELOPMENTS Friday, September 11, 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.


Superstorm Sandy
Amtrak's Stunning Superstorm Sandy Setback: The Court's Rationale
A federal district court in New York has issued a memorandum explaining its reasoning behind orders that rejected arguments brought by Amtrak against its insurers stemming from losses suffered by Amtrak as a result of Superstorm Sandy. Read More

Commercial General Liability
California Supreme: Insurer May Seek Reimbursement of Fees Directly from Cumis Counsel
The California Supreme Court has ruled that an insurer may seek reimbursement directly from counsel when, in satisfaction of its duty to fund its insureds' defense in a third party action against them, the insurer paid bills submitted by the insureds' independent counsel for the fees and costs of mounting the defense and it did so in compliance with a court order expressly preserving the insurer's post-litigation right to recover "unreasonable and unnecessary" amounts billed by counsel. Read More

Commercial Property
In Case of First Impression at Federal Appeals Level, First Circuit Rules that UCC Article 9 Does Not Govern Perfection of Security Interest in Right to Insurance Payment
The U.S. Court of Appeals for the First Circuit, in a case of first impression at the federal appellate level, has affirmed a decision by the bankruptcy appellate panel for the First Circuit and has ruled that Article 9 of the Uniform Commercial Code, as enacted in Maine, did not govern the taking and perfection of a security interest in a right to payment arising under an insurance policy. Read More

Marine Insurance
Eighth Circuit Holds that Reliance Is an Element of Uberrimae Fidei Defense
The U.S. Court of Appeals for the Eighth Circuit, reversing a decision by the U.S. District Court for the District of Minnesota, has ruled that reliance is an element of the uberrimae fidei defense. Read More

View All Case Law Developments

Health Insurance

HHS Proposes Nondiscrimination Rule under Affordable Care Act
The Department of Health and Human Services has issued a proposed rule, Nondiscrimination in Health Programs and Activities, to implement Section 1557 of the Affordable Care Act by extending civil rights protections banning sex discrimination to health programs and activities. Read More

Workers Compensation
Uber Settles Worker Misclassification Allegations with Alaska
Uber Technologies, Inc., which has stopped operating in Alaska, has agreed to pay the state $77,925 to settle allegations that it misclassified drivers as independent contractors in violation of Alaska's Workers Compensation Act. Read More

View All Legislative/Regulatory Developments
America‚Äôs 10 Most Stolen Vehicles Are… Read More

Kansas City Crowned Safest Driving City in the U.S. 
Read More

Lloyd's City Risk Index Shows $4.6 Trillion GDP Is at Risk Across 301 Cities Read More

Millennials Propel Consumer Momentum for Usage-Based Auto Insurance, Towers Watson Survey Finds 
Read More

St. Paul Lawyer Who Had Wife Killed for $1 Million in Insurance Money 50 Years Ago Is Dead Read More

View All Industry News
Tenant's Use Interest Explained


Browse our entire library of over 2,500 insurance resources and forms.

View Entire July/August Insurance Coverage Law Report
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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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