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TODAY'S TOP DEVELOPMENTS Friday, October 30, 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.


Automobile Insurance
Fifth Circuit: Insurer Had No Duty to Make Settlement Offer Absent Settlement Offer by Third-Party Claimant
The U.S. Court of Appeals for the Fifth Circuit, affirming a decision by the U.S. District Court for the Southern District of Mississippi, has ruled that, under applicable Mississippi law, an insurer did not have a duty to timely offer to settle a third-party claim in which the claim amount greatly exceeded the policy limits in the absence of a settlement offer by the third-party claimant. Read More

Commercial Lines
Yeshiva's Judgment Against Church Mutual is Reversed by N.Y. Appeals Court
An appellate court in New York, reversing a trial court's decision, has ruled that a limitation of liability in an endorsement to a multi-peril insurance policy limited the insurer's obligation to pay a religious school's temporary relocation costs following a fire that damaged two of the school's dormitories. Read More

Alternative Risk and Captives
"Contract for Management of Funds" with Insurer Was Not Insurance, Puerto Rico District Court Decides
A federal district court in Puerto Rico has ruled that an agreement between an insurance company and San Juan was not insurance but, rather, a self-insurance program funded by San Juan and administered by the insurer. Read More

Automobile Insurance
Delaware Supreme: Auto Insurers May Distinguish Among Beneficiaries Based on Relationship Status for PIP Benefits
The Delaware Supreme Court, reversing a trial court's decision, has ruled that an automobile insurance company can distinguish among beneficiaries based on relationship status under Delaware law for purposes of personal injury protection benefits. Read More

View All Case Law Developments

Superstorm Sandy

FEMA Paid $250 Million in Duplicate Benefits to Superstorm Sandy Applicants, Report Says
The Department of Homeland Security's Office of Inspector General has issued an audit report that found that the Federal Emergency Management Agency paid approximately $250 million in disaster assistance to more than 29,000 Superstorm Sandy applicants who may have received duplicate benefits from their private insurers. Read More

In the States
Oklahoma Requires Insurers to Clarify Earthquake Coverage
Oklahoma Insurance Commissioner John D. Doak has asked property and casualty insurers to send each policyholder a clarifying notice of earthquake coverage. Read More

View All Legislative/Regulatory Developments
Autonomous Vehicles Could Shrink U.S. Personal Auto Insurance Sector by 60 Percent, KPMG Report Says  Read More

Swiss Re to Work with IBM Watson to Harness Power of Big Data for Reinsurance  
Read More

New Hands-Free Technologies Pose Hidden Dangers for Drivers, Report Says  
Read More

Freddie Mac Continues to Reduce Credit Risk with Largest ACIS Insurance Policy to Date  
Read More

Ironshore Acquires Reinsurance Renewal Rights to Novae Group's Global Agriculture Portfolio  
Read More

View All Industry News
Form Analysis
Employee Theft and Forgery Policy


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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