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TODAY'S TOP DEVELOPMENTS Tuesday, October 25, 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.


Claims Resolution
Insureds' Claim That Insurer Investigating Fire Publicly Disclosed "Private Facts" Is Rejected in Missouri
A federal district court in Missouri has granted an insurance company's motion for summary judgment with respect to a claim that the insurer had publicly disclosed their "private facts" when investigating a fire at their home. Read More

Homeowners Insurance
The Case of the 5.7 Carat Diamond, and Why a California Appeals Court Found No Insurance Coverage for Its Alleged Theft
An appellate court in California, affirming a trial court's decision, has ruled that an insurance company had properly denied its insured's claim for the "theft" of a 5.7 carat diamond, ruling that the alleged loss had not been "accidental." Read More

Legitimate Invoices, Not Criminals' Email, Led to Loss, Dooming Claim Under Computer Fraud Policy, Fifth Circuit Rules
The U.S. Court of Appeals for the Fifth Circuit has ruled that a computer fraud provision of a crime protection insurance policy did not cover an insured's losses stemming from a criminal scheme involving an email that fraudulently directed the insured to pay invoices to a new bank account. Read More

Claims Resolution
For Want of a Privilege Log, Insurer's Objection to Discovery Requests Was Denied
A federal court in Montana has ordered an insurance company to answer discovery requests, finding that it had failed to provide a privilege log or to otherwise explain why requested documents and information were protected under the work-product doctrine. The district court also ordered the insurer to pay the other party's attorney's fees. Read More

View All Case Law Developments

In the States

New York State DFS Directs Pension Advance Firm to Cease Its New York Operations, Forgive Consumer Debts, and Pay $500,000 Fine
The New York State Department of Financial Services has entered into a consent order with Future Income Payments, LLC, and its owner, Scott Kohn, requiring them to return funds to consumers, pay a $500,000 fine, and stop offering pension advance loans in New York. Read More

Health Insurance
Cigna Agrees to Discontinue Pre-Authorization for Opioid Addiction Treatment Drugs 
Cigna has reached an agreement with New York State Attorney General Eric T. Schneiderman to end its policy of requiring prior authorization for medication-assisted treatment for opioid use disorder. Read More

View All Legislative/Regulatory Developments
Blue Marble Microinsurance Launches First Venture Read More

Seraina Maag Appointed CEO of Hamilton USA 
Read More

Ironshore International Offers Combined Professional Indemnity and General Liability for Specialist Engineers 
Read More

Kuvare Activates Platform with Closing of GILICO Acquisition and Formation of Reinsurance Company 
Read More

ALTA Releases Spanish Language Suite as Part of Homebuyer Outreach Program 
Read More

View All Industry News
Liability Associated with Pokémon Go


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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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