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TODAY'S TOP DEVELOPMENTS Wednesday, September 16, 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
Policy Issued by Rhode Island Automobile Insurance Plan May Not be Terminated Ab Initio, New York Trial Court Rules
A trial court in New York has ruled that a Rhode Island automobile insurance policy issued by the Rhode Island Automobile Insurance Plan may not be terminated ab initio due to the insured's alleged material misrepresentations in securing the policy. Read More

Automobile Insurance
Motorcyclist Rebuts Presumption of "Following-Driver's Negligence" in Non-Contact "Phantom" Vehicle Coverage Dispute
The U.S. District Court for the Middle District of Florida, in denying an auto insurer's motion for summary judgment, has ruled that an insured motorcyclist had rebutted the presumption of negligence on his part in connection with an alleged non-contact accident with a "phantom" vehicle. Read More

Automobile Insurance
Insured Was Entitled to No-Fault Benefits Where Gun Safe Fell on Him While It Was Being Moved By His Truck
An appellate court in Michigan, affirming a trial court's decision, has ruled that an insured was entitled to recover no-fault benefits where a 1,500 pound gun safe fell on him while he and his wife were moving it with his truck. Read More

Life Insurance
Finding "Actively at Work" Ambiguous, California Appeals Court Rules that Widow Was Entitled to Supplemental Life Benefits
An appellate court in California, reversing a trial court's decision, has ruled that a supplemental life policy's requirement that the insured be "actively at work" at the policy's effective date was ambiguous and, therefore, an employee's widow was entitled to recover benefits following her husband's death after the policy had become effective on New Year's Day 2010, without his returning to work. Read More

View All Case Law Developments

Federal Actions

GAO Finds that More Robust Data Could Improve Oversight of Lender-Placed Insurance
The U.S. Government Accountability Office has issued a report on lender-placed insurance, concluding that more robust data could improve oversight. Read More

Automobile Insurance
Missouri Insurance Department Fines Safe Auto for Alleged Violations
The Missouri Department of Insurance has determined that Safe Auto Insurance Company failed to provide anti-theft discounts on vehicles that qualified for the discount between 2008-2015.  Read More

View All Legislative/Regulatory Developments
Businesses Must Prepare for New Generation of Cyber Risks, Allianz Report Warns  Read More

ACE Launches Cyber Offering for Private and Not-for-Profit Organizations  
Read More

NOAA: El Niño May Accelerate Nuisance Flooding
Read More

Excellus BlueCross BlueShield Targeted by Hackers  
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Arkansas"
Read More

View All Industry News
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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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