Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Monday, September 28, 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.


Attorney's Fees
Maine Federal District Court Orders Insurer to Pay Attorneys’ Fees of Insured and Assignee, Relying on Maine Statute and Common Law – and on Federal D.J. Act
In a declaratory judgment action, a federal district court in Maine has ordered the insurance carrier to pay the attorneys’ fees of the insured and her assignee incurred in the declaratory judgment action and in the underlying litigation brought by the assignee against the insured. In its decision, the district court relied on a Maine fee-shifting statute and Maine common law – and on the federal declaratory judgment act. Read More

Automobile Insurance
Massachusetts Supreme: Insureds’ Material Breach of Policy Dooms Third Parties’ Quest for Optional Bodily Injury Coverage
The Supreme Judicial Court of Massachusetts, affirming lower court decisions, has ruled that insureds who permitted their grandson to drive their vehicle even though he was an “excluded operator” had committed a material misrepresentation that relieved their insurer of its obligation to pay the policy’s optional bodily injury coverage to people injured in an accident with the insureds’ grandson. Read More

Automobile Insurance
2d Circuit: Series of “Unfortunate Events” Constituted Three Separate “Accidents” Under New York Law
The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Eastern District of New York that a series of “unfortunate events” occurring on a New York highway constituted three separate “accidents” for insurance coverage purposes. Read More

Homeowners Insurance
Indiana Federal District Court Grants Insurer’s Motion for Protective Order Relating to Disclosure of its Claims Handling Materials
A federal district court in Indiana has granted an insurer’s motion for a protective order to prevent its insured from disclosing its claims handling manuals and instructional materials and guidelines that were provided to the claim handlers involved in denying the insured’s claim for insurance coverage after the insurer produces them. Read More

View All Case Law Developments

Health Insurance

Insurer to Pay $430,000 to Settle Claims of Selling Unauthorized Health Insurance to Consumers and Failing to Cover Mandated Benefits
The Insurance Company of the State of Pennsylvania, a subsidiary of AIG, has agreed to pay $430,000 to settle allegations that it sold unauthorized health insurance to Massachusetts consumers and failed to cover mandated benefits required by state law. Read More

Eye on the Experts
2015 Excess and Surplus Lines Laws in the United States Manual
This 2015 Excess and Surplus Lines Laws in the United States Manual reflects all of the pertinent changes in the surplus lines laws and regulations of the 50 states and U.S. territories during the past year including a special section on the Non-Admitted and Reinsurance Reform Act (“NRRA”) and the steps surplus lines carriers and brokers should be taking now to ensure compliance with this groundbreaking legislation. The authors begin the series with a summary of the key provisions of the NRRA that will affect the current regulation of surplus lines insurance in the United States and an introduction to the eligibility and filing requirements. Future installments of this manual will detail state-by-state eligibility and filing requirements. Read More

View All Legislative/Regulatory Developments
The Standard Introduces New Voluntary Employee Benefits Read More

GEICO Ridesharing Policy Now Available to Connecticut Drivers 
Read More

Symetra Introduces New Group Critical Illness Insurance Product 
Read More

XL Catlin Announces Specialty Insurance Leadership in the Americas 
Read More

The Odds of Hitting a Deer, an Elk, or a Moose Are… 
Read More

View All Industry News
Form Analysis
Residence Premises Definition Endorsements


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