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TODAY'S TOP DEVELOPMENTS Wednesday, November 18, 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.


Homeowners Insurance
Appeals Court Finds "Some Question" As to Whether Proof of Loss Could Ever Be "Satisfactory" for Purposes of One-Year Contractual Limitations Period
An appellate court in Tennessee, reversing a trial court's decision, has found "some question" as to whether an insured's proof of loss could ever be "satisfactory" for purposes of a one-year contractual limitations period in a homeowners insurance policy, based on the policy language. Read More

Fire Insurance
Property Damaged by Fire Was Not a "Total Loss" Just Because Insured Could Not Obtain Permits for a New Septic System, Pennsylvania District Court Rules
A federal district court in Pennsylvania has ruled that a six-unit rental property damaged by fire was not a "total loss" just because the owner had problems obtaining permits for a new septic system, as that was not a covered peril. Read More

Commercial General Liability
"Pollution and Health Hazard" Exclusion Did Not Preclude Coverage for Mold, Appeals Court Decides
An appellate court in Illinois, applying Texas law, has ruled that a pollution and health hazard exclusion in a commercial general liability ("CGL") insurance policy did not bar coverage for a claim alleging injuries due to "mold."  Read More

Eye on the Experts
Better Late Than Never: The California Supreme Court Reverses Itself, Holding That Corporate Policyholders May Assign Insurance Rights Without Insurer Consent
This Eye on the Experts article explains a recent California Supreme Court decision effectively realigning historical liabilities and insurance assets transferred to a successor corporation as part of a sale of assets. Read More

View All Case Law Developments


N.Y. Regulator Explains Potential New Cyber Security Regulation Requirements
The New York Department of Financial Services has advised other regulators via a letter about its "potential new regulations" aimed at increasing cyber security defenses within the financial sector. Read More

In the States
Illinois Insurance Department Acknowledges "Inadvertent Data Disclosure"
The Illinois Department of Insurance has acknowledged that it had committed an "inadvertent data disclosure" involving health care providers' Social Security Numbers. Read More

View All Legislative/Regulatory Developments
William McElroy Named Global Head of Environmental at Aspen Insurance  Read More

FC&S Legal Publishes "Insurers to Indemnify $132 Million Loss from Train Collision Allegedly Caused by Texting Engineer"  
Read More

Critical Illness Insurance Market Saw Record High New Premium in 2014, According to Gen Re  
Read More

2015 Records Lowest U.S. Health Care Cost Increases in Nearly 20 years, Aon Analysis Shows  
Read More

State Auto Financial Appoints Melissa A. Centers General Counsel  
Read More

View All Industry News
Form Analysis
Commercial Crime Coverage Form


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

View Entire November/December 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

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