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TODAY'S TOP DEVELOPMENTS Friday, October 21, 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.


Superstorm Sandy
SFIP Covered Flood-Related Erosion Involving Soil Settlement or Other Earth Movement, N.J. District Court Rules in Superstorm Sandy Case
A federal district court in New Jersey, in a Superstorm Sandy case, has ruled that a standard flood insurance policy covered flood-related erosion involving soil settlement or other earth movement. Read More

Commercial General Liability
Inadequate Disclaimer Leads N.Y. Appeals Court to Uphold $1 Million Judgment Against Insurer
An appellate court in New York, affirming a trial court's decision, has upheld a $1 million judgment against an insurance company, finding that its disclaimer had been inadequate. Read More

Life Insurance
Relying on Wisconsin Statute, Judge Posner Orders Life Insurer to Pay Life Insurance Benefits and Interest. He Also Affirms Bad Faith Ruling.
Judge Richard Posner, writing for the U.S. Court of Appeals for the Seventh Circuit, has affirmed a district court decision under Wisconsin law requiring a life insurance company to pay out on a life insurance policy even if the beneficiary did not have an insurable interest in the life of the insured. Judge Posner also affirmed the district court's decision that the insurer had acted in bad faith. Read More

Homeowners Insurance
Replacement Cost Policy Does Not Actually Require That Insurer Replace Damaged Property, If It Can Be Repaired, Florida Appeals Court Declares
An appellate court in Florida, reversing a trial court's decision, has ruled that a replacement cost homeowners' insurance policy did not actually require that the insurer replace damaged property, as a matter of law, but that the insurer could limit its liability and repair the property if it could be repaired. Read More

View All Case Law Developments

In the States

Texas Department of Insurance Fines Zenefits $550,000
The Texas Department of Insurance said that it has fined YourPeople, Inc., more commonly known as Zenefits, $550,000 for using unlicensed staff to sell and administer insurance plans from 2014 through late 2015. Read More

Health Insurance
N.J. Legislator Introduces Legislation Creating "Public Option" Health Care Plan 
New Jersey Assemblyman Reed Gusciora (D-Mercer/Hunterdon) has introduced the "New Jersey Public Option Health Care Act," dubbed "JERSEYCare," which, if adopted, would create a state-run, publicly-funded health plan. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "The Cloud Is Less of a Threat to Cyber Insurers" Read More

Cybersecurity Both a Threat and Growth Opportunity for Law Firms, ALM Report Finds 
Read More

ALM's Webcast, "The Duty to Defend: Advanced, Challenging and Unique Issues," to Be Held on November 16, 2016 
Read More

Todd Martin Joins Stinson Leonard Street's Health Law and Insurance Practice Group 
Read More

AIG Names Peter Y. Solmssen Executive Vice President and General Counsel 
Read More

View All Industry News
Hot Air Balloon Insurance


Browse our entire library of over 2,500 insurance resources and forms.

View Entire Fall Insurance Coverage Law Report
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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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