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TODAY'S TOP DEVELOPMENTS Tuesday, November 1, 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
Arbitration Clause in Parties' Contract Bound Insurer to Arbitrate General Contractor's Claims, Alabama Supreme Court Says
An arbitration clause in an agreement between a general contractor and a subcontractor provided for mandatory arbitration of the general contractor's claims against the subcontractor's insurer, the Alabama Supreme Court has ruled. Read More

Claims Resolution
"Camouflaged" Arbitration Clause Was Adhesionary and Unenforceable, Louisiana Supreme Court Determines
The Louisiana Supreme Court, reversing an appellate court's decision, has refused to enforce an arbitration clause that was "camouflaged" in a contract and that lacked mutuality. Read More

Claims Resolution
Arbitration Clauses in Two Insurers' Joint Loss Agreements Did Not Entitle Third Insurer to Insert Itself into Their Arbitration, Seventh Circuit Decides
The U.S. Court of Appeals for the Seventh Circuit, affirming a decision by the U.S. District Court for the Eastern District of Wisconsin, has ruled that joint loss agreements in two insurance policies did not entitle a third insurance company that had issued a separate policy to one of the other insurers to insert itself into an arbitration between the other two insurers. Read More

Claims Resolution
Arbitration Clause's Enforceability Was for Arbitrator to Decide Where Challenge Was Not Just to Arbitration Clause, Third Circuit Rules
The U.S. Court of Appeals for the Third Circuit has ruled that an arbitrator had to determine whether a dispute under a reinsurance participation agreement had to be arbitrated where the validity of the agreement itself — and not simply its arbitration clause — was being challenged. Read More

View All Case Law Developments

In the States

This May Be How Cities Will Learn How to Deal with Autonomous Vehicles
The Bloomberg Aspen Initiative on Cities and Autonomous Vehicles is a new program intended to help prepare cities for the emergence of autonomous vehicles. Read More

Insurance Fraud
Pharmacist Sentenced to Prison for Selling Black-Market HIV Medications 
A Long Island pharmacist, Ira Gross, has been sentenced to eight to 24 years in state prison for his role in selling over $274 million dollars of diverted, medically worthless HIV medication. Read More

View All Legislative/Regulatory Developments
Ex-Gen Re GC Forms New Insurance Boutique  Read More

FC&S Legal Publishes "'Keyspan', 'Viking Pump' Throw N.Y. Allocation Law Into State of Confusion" 
Read More

Kiernan Bell Retiring from Offshore Law Firm Appleby; John Wasty to Succeed Her  
Read More

Insurers and Reinsurers Launch Blockchain Initiative B3i  
Read More

Here's What One Person Did With an Art History Degree and an Insurance Broker's License  
Read More

View All Industry News
Attractive Nuisances


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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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