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TODAY'S TOP DEVELOPMENTS Wednesday, September 28, 2016  

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.


Life Insurance
Florida Supreme: STOLI Policy Incontestable After Two Years
The Florida Supreme Court has ruled that a life insurance policy that had the required insurable interest at its inception, even where that interest had been created as the result of a stranger-originated life insurance scheme, was incontestable after two years. Read More

Automobile Insurance
Kentucky Supreme: Third-Party Insurance Bad-Faith Claimant Failed to Meet “Tall Burden of Proof”
The Kentucky Supreme Court, affirming an appellate court’s decision, has ruled that a third-party insurance bad-faith claimant under the Kentucky Unfair Claims Settlement Practices Act had failed to meet the “tall burden of proof” needed to demonstrate that an insurance company had unreasonably failed to respond to a legitimate claim to recover policy proceeds and that it had acted with reckless indifference to her right to recover. Read More

Superstorm Sandy
In Superstorm Sandy Case, District Court Rules That Third-Party Contractor Could Not Assert Any Claim Against Its Customer’s Flood Insurer
A federal district court in Tennessee, in a Superstorm Sandy case, has ruled that a third-party contractor could not assert state causes of action against a flood insurer that had issued a policy under the National Flood Insurance Program and that the contractor also could not bring a federal contract action against the insurer because it did not have standing to assert rights under the policy. Read More

Automobile Insurance
Insurance ID Card Alone Was Not Proof of Insurance Coverage, Pennsylvania Appeals Court Rules
An appellate court in Pennsylvania, reversing a trial court’s decision, has ruled that an insurance identification card alone did “not constitute clear and convincing evidence of insurance coverage.” Read More

View All Case Law Developments


“Progress” Reported on U.S-EU Negotiations for Bilateral Agreement on Insurance and Reinsurance Measures
The United States and the European Union have released a brief three-paragraph joint statement on the status of their negotiations for a bilateral agreement on insurance and reinsurance measures. Read More

In the States
California Insurance Regulators Charge One in “Elaborate $2.25 Million Bogus Insurance and Annuity Scheme” 
Steven Edward Branstetter has been arrested in California on 13 felony counts of theft from an elder and grand theft for allegedly embezzling over $2.25 million in insurance premiums from 18 victims over nine years. Read More

View All Legislative/Regulatory Developments
Aspen Insurance Appoints Michael Feighan as U.S. Head of Accident & Health Read More

AF Group Names Jeff Kuss as Senior Vice President and Chief Claims Officer 
Read More

More Than 70 Percent of Customers Look to Carriers to Provide More Than Just Basic Insurance Coverage, New Bain & Company Research Shows  
Read More

Doctors Company Study Provides Insights on Medical Malpractice Allegations Against Internal Medicine Physicians  
Read More

Liberty Mutual Insurance Introduces Two New Excess Casualty Offerings  
Read More

View All Industry News
Is Condo Association or Unit-Owners Policy Primary?


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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, Cope Ehlers, 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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