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TODAY'S TOP DEVELOPMENTS Friday, September 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.


Automobile Insurance
Mississippi Supreme: Insurer Properly Voided Auto Policy After Accident for Insured's Failure to Disclose that She Had a Teenage Son
The Mississippi Supreme Court, relying on its decisions from 1876 and 1908, has ruled that an automobile insurance company could void a policy after an accident when it learned that the insured had failed to reveal on her application that she had a teenage son. Read More

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
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 cour'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

Employee Benefits
Seventh Circuit Upholds Illinois Law Prohibiting Courts from Exercising "Arbitrary and Capricious" Review Over ERISA Plan Decisions
The U.S. Court of Appeals for the Seventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Illinois, has ruled that the Employee Retirement Income Security Act of 1974 does not preempt an Illinois law that requires that courts use a de novo review standard rather than an "arbitrary and capricious" standard of review in litigation challenging denials of employee benefits. 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

In the States
Two More States, and the District of Columbia, Join Anti-Price Optimization Bandwagon
Two more states — Maine and Pennsylvania — and the District of Columbia have warned insurance companies not to use"price optimization" to set their rates.  Read More

View All Legislative/Regulatory Developments
LexisNexis Consumer Telematics Study Finds Driver Safety More Than Insurance Premium Discounts May Be Key to Customer Adoption  Read More

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

Mitigating Cyber Risk Could Make a Difference of $120 Trillion to Global Economy by 2030, Zurich/Atlantic Council Report Shows
Read More

NOAA: El Niño May Accelerate Nuisance Flooding  
Read More

Businesses Must Prepare for New Generation of Cyber Risks, Allianz Report Warns
Read More

View All Industry News
Frozen Pipes Caused by Tenant Not Paying Bills


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

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