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TODAY'S TOP DEVELOPMENTS Wednesday, October 21, 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.


Life Insurance
N.Y. District Court Dismisses Policyholders’ “Shadow Insurance” Claims Against MetLife
The U.S. District Court for the Southern District of New York has dismissed a putative class action brought by life insurance policyholders against an insurance company based on its alleged “shadow insurance” practices, finding that the policyholders had not demonstrated that they had suffered an injury sufficient for it to find that they had standing to sue. Read More

Homeowners Insurance
Florida Appeals Court Upholds Attorneys’ Fee Award to Insureds Despite Jury Finding They Made “False Statements” When Reporting Their Loss
An appellate court in Florida has rejected an insurance company’s public policy arguments and upheld a trial court’s award of attorneys’ fees and costs to the insureds despite a jury decision that they had intentionally concealed or misrepresented a material fact or had made a false statement when reporting their loss. Read More

Automobile Insurance
Insurer that Chose Not to Participate in Suit Against Missing Insured May Not Challenge Default Judgment
A California appellate court has ruled that an automobile insurance company that chose not to be involved in a lawsuit against its missing insured could not challenge the default judgment obtained by the plaintiff in that case, although it retained the ability to defend on lack of coverage. Read More

Commercial General Liability
Oregon Supreme: Insured Could Not Amend Underlying Settlement Agreement to Revive Liability to Obtain Insurance Coverage
The Oregon Supreme Court has ruled that an insured builder and a homeowner’s association could not amend their settlement agreement to retroactively revive liability that had been eliminated in their original agreement in order to obtain insurance coverage. Read More

View All Case Law Developments


Regulatory Challenges and Opportunities for Reinsurers, as Seen by Guy Carpenter
Guy Carpenter has released a four part report on regulatory challenges and opportunities for reinsurance companies. Read More

In the States
In First Enforcement Action of N.Y.’s Recent “Surprise Bill Law,” Urgent Care Centers Agree to Improve Disclosure of Accepted Insurance Plans
Four urgent care centers have reached an agreement with New York Attorney General Eric T. Schneiderman to provide “clear, detailed information to consumers” about the centers’ participation with health insurance plans. In a statement, Attorney General Schneiderman said that this move, the first enforcement action of New York’s recently adopted “Surprise Bill Law,” will protect consumers from unexpected medical billings and help patients make informed choices when selecting a provider. Read More

View All Legislative/Regulatory Developments
Canopius Names Scott Bailey as Global Head of Accident & Health  Read More

XL Catlin’s Bermuda Professional Lines Insurance Operations Create New D&O Lead Excess Side A DIC Policy 
Read More

Shareholders Approve Proposed Humana Acquisition by Aetna  
Read More

Aetna and Rush Health Create Accountable Care Organization in Illinois  
Read More

FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: Georgia”  
Read More

View All Industry News
Is Business Income Coverage Triggered If Dentist Abandons Practice after a Fire?


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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