Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Tuesday, September 15, 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.


Automobile Insurance
California Appeals Court Rejects Assignee's Efforts to Pursue Bad Faith Action Where Insurer Had Defended Insured Under Only One of Three Policies
An appellate court in California, reversing a trial court's decision, has ruled that an assignee could not pursue a bad faith action against an insurer that defended its insured under one policy but not under two other smaller policies. Read More

Homeowners Insurance
Court Excludes Homeowner's Expert's Proposed Causation Testimony in Superstorm Sandy Case
The U.S. District Court for the District of New Jersey has granted an insurance company's motion to strike and exclude the insured's expert's proposed causation testimony in a Superstorm Sandy lawsuit. Read More

Commercial General Liability
Nebraska Supreme: Insured's Breach of Voluntary Payments Provision Dooms Its Bid for Coverage
The Nebraska Supreme Court, affirming a trial court's decision, has ruled that an insured's breach of a voluntary payments provision amounted to a material breach of the insurance contract, allowing the insurer to avoid liability. Read More

Specialty Insurance
Court Reforms "Hole-in-One" Insurance Policy Issued for Golf Tournament
A federal district court judge in Washington has reformed a hole-in-one insurance policy and ordered the insurer to pay the insured for a hole-in-one prize won by a participant in a golf tournament. Read More

View All Case Law Developments

In the States

Florida Insurance Regulator Approves Removal of Up to 184,500 Additional Policies from Citizens Property Insurance
The Florida Office of Insurance Regulation has approved the removal of up to an additional 181,909 personal residential policies and 2,591 commercial residential/non-residential policies from Citizens Property Insurance Corporation by six insurance companies. Read More

Health Insurance
Pennsylvania to Hold Public Hearing on "Balance Billing" of Health Insurance Consumers
The Pennsylvania Insurance Department will be holding a hearing on October 1 on the issue of "balance billing."  Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Arizona"  Read More

10 Automakers Agree to Include Automatic Emergency Braking on All New Vehicles  
Read More

Zurich Appoints Kristof Terryn as CEO of General Insurance
Read More

Mutual of Omaha Announces Senior Leadership Appointments  
Read More

FC&S Legal Publishes "NAIC Begins to Develop a Group Capital Measure for U.S. Insurance Enterprises"
Read More

View All Industry News
Form Anaylsis
Electronic Data Liability Coverage Form


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

View Entire Septmeber/October 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 ©2015 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018