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TODAY'S TOP DEVELOPMENTS Thursday, October 6, 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
Accident Policy Did Not Cover Truck Driver's Death from Pulmonary Embolism, Even if Sitting for Extended Periods of Time Increased His Risk, Michigan Court Decides
A federal district court in Michigan has rejected a claim for accidental death benefits for a truck driver who died in his truck from a pulmonary embolism, notwithstanding that sitting for extended periods of time, as the truck driver did, was a risk factor for a pulmonary embolism. Read More

Life Insurance
No Coverage Where Insured, Legally Intoxicated and Operating Motor Vehicle, Died in Accident
A federal district court in Missouri has ruled that an exclusion in a life insurance policy precluded coverage for the death of the insured in an accident that occurred while he was legally intoxicated and operating his motor vehicle. Read More

Verdicts & Settlements
Neither Driver Was Negligent When One Pulled into Intersection to Make Way for Fire Truck and Was Hit by the Other, Texas Jury Decides
A jury in Texas has found neither driver negligent where one had pulled into an intersection to make way for a fire truck and was hit by a second driver. Read More

Absence of Fire Alarm, in Violation of Policy's Protective Safeguards Endorsement, Doomed Insured's Claim, N.Y. District Court Says
A federal district court in New York has ruled that an insured was not entitled to coverage for fire damage to its insured property where the insured had no fire alarm at the property, in violation of its insurance policy's protective safeguards endorsement – notwithstanding that the insurer had twice inspected the property. Read More

View All Case Law Developments

Superstorm Sandy

FEMA Should Recover $9.9 Million of $36.6 Million Awarded to Long Island Town for Superstorm Sandy Damages, OIG Declares
The Office of Inspector General of the Department of Homeland Security has determined that the Federal Emergency Management Agency should recover $9.9 million of the $36.6 million awarded to the Town of North Hempstead, New York, for Superstorm Sandy damages that occurred in October 2012. Read More

In the States
N.Y. Regulator's Approval of Sale of MBIA Subsidiary May Be Key to MBIA's Continued Viability 
MBIA Insurance Corporation's wholly owned subsidiary, MBIA UK (Holdings) Limited, has entered into an agreement to sell MBIA UK Insurance Limited to Assured Guaranty Corp., a subsidiary of Assured Guaranty Ltd. Read More

View All Legislative/Regulatory Developments
ALTA Adopts New Assessment Reporting Tool Read More

FC&S Legal Publishes "D&O Insurance – Issues to Consider Before a Claim Arises" in its Flagship Publication, the Insurance Coverage Law Report 
Read More

Zika Virus Affects Americans' Vacation Plans to Florida with Travelers Planning Flights to Miami Dropping by Almost 30 Percent, Allianz Global Reports 
Read More

Nearly Five Million More U.S. Households Have Life Insurance Coverage, LIMRA Finds 
Read More

Randall & Quilter Completes Acquisition of USA Swimming Captive Insurer 
Read More

View All Industry News
Uninsured Motorists Coverage and Use of an Auto


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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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