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TODAY'S TOP DEVELOPMENTS Wednesday, October 5, 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.


Automobile Insurance
Here's Why an Arizona Appeals Court Upheld a $500,000 Bad Faith Award – But Rejected a $1 Million Punitive Damages Award
An appellate court in Arizona has upheld a $500,000 compensatory damages award in a bad faith case against an insurance company, but has reversed a $1 million punitive damages award. Read More

Automobile Insurance
Exclusion Prevented Policy's UIM Coverage from Also Acting as Supplementary Liability Coverage, Wisconsin Appeals Court Says
In a case of first impression, a Wisconsin appellate court has ruled that Wisconsin law did not prohibit a provision in an insurance policy that had the effect of excluding passengers of an insured's vehicle from the policy's underinsured motorist ("UIM") coverage when the insured driver was at fault and was operating a vehicle insured by the policy's liability coverage. Read More

Commercial Auto
Garaging Rental Truck in Virginia, Rather Than in Maryland, Jumped Insurance Coverage to $2 Million from $75,000, Virginia Court Rules
A federal district court in Virginia has ruled that a rental truck had been "principally garaged" in Virginia rather than in Maryland, and that the driver therefore was entitled to $2 million in underinsured motorist benefits rather than $75,000. 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

View All Case Law Developments

Federal Actions

Senators Ask Justice Department to Consider Investigating Mylan's Medicaid Rebates to States
U.S. Senators Richard Blumenthal (D-CT), Chuck Grassley (R-IA), and Amy Klobuchar (D-MN) have called on the Department of Justice to consider investigating whether Mylan Pharmaceuticals violated the law when it apparently misclassified its EpiPen product "in order to pay a lower rebate to states and reap huge profits at the expense of taxpayers." Read More

Homeowners Insurance
Connecticut Insurance Department Reports Data on Homeowner Foundation-Related Claims 
The Connecticut Insurance Department has compiled information of foundation-related insurance claims in eastern Connecticut in an attempt to help the state better understand the scope of the crumbling foundation issues in the region. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Issues Arising After Breach of the Duty to Defend – Part I" in its Flagship Publication, the Insurance Coverage Law Report Read More

Citi Sells Reinsurance Block to Munich Re 
Read More

GEICO Expands Ridesharing Product to 10 More States  
Read More

AIG, Two Sigma, and Hamilton Insurance Group Launch Attune – a Data-Enabled Insurance Platform Serving Small Businesses 
Read More

SMEs Waken to Cyber Risks and Reputational Damage, But Are Optimistic on Growth, Zurich Reports 
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, 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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