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TODAY'S TOP DEVELOPMENTS Monday, November 14, 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
Insurer Loses Arbitration But Wins Bid for "Do-Over"
An appellate court in California, reversing a trial court's decision, has ruled that an insurance company and its insured were entitled to a second "do-over" arbitration after the first arbitration resulted in an award against them well in excess of $100,000, as a governing arbitration clause provided. Read More

Automobile Insurance
Insured Loses Bid for Re-Trial Against Insurer Over Jury Instruction
An appellate court in Wisconsin has rejected an insured's request for a new trial against her insurance company based on what she alleged had been an improper jury instruction over her alleged failure to mitigate, explaining that the mitigation issue presented a question "of fact for the jury." Read More

Homeowners Insurance
N.Y. Federal Court Dismisses Insureds' Bad Faith and Deceptive Practices Claims in Superstorm Sandy Case
A federal district court in New York has dismissed bad faith and deceptive practices claims brought against an insurance company by owners of a home damaged by Superstorm Sandy. Read More

Workers Compensation
Injury to Pipefitter Who Climbed Tree for Fun and Fell 25 Feet During Workday Was Not Compensable, Mississippi Court Says
A Mississippi court has upheld a decision by the Mississippi Workers' Compensation Commission that an injury suffered by a worker when he fell out of a tree that he had climbed for fun during a lull in a slow workday was not compensable under the state's workers' compensation law. Read More

View All Case Law Developments

Employee Benefits

Trump Victory's Impact on Benefits, Health Insurance: What's Next for Employers?
How will Trump kill the ACA and take care of those who have gained coverage through the law? Will he offer incentives for parental leave? Will he 'pause' or kill regulations? A benefits expert considers the future. Read More

Health Insurance
Texas Businessman Pleads Guilty to Role in Health Benefit Plans Scheme 
In San Antonio, Samuel Mullen, former chief financial officer of the Mullen Pension & Benefits Group, LLC., pleaded guilty to a federal conspiracy charge for his role in a bribery and kickback scheme that victimized several local school districts, a municipality, and their constituents regarding health care benefit plans. Read More

View All Legislative/Regulatory Developments
XL Catlin Appoints New Global Excess Casualty Insurance Leader Read More

Beazley Adds Miami-Based Reinsurance Underwriter to Specialty Surety Treaty Team  
Read More

Fox Rothschild Welcomes Insurance Litigators Daniel Feinberg and Geoffrey Repo to Chicago Office 
Read More

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

Travelers Foundation Accepting Applications for Community Resilience Award 
Read More

View All Industry News
Occurrence and Intentional Acts


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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