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TODAY'S TOP DEVELOPMENTS Friday, November 18, 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
Montana Supreme Court Reverses $1.46 Million Bad Faith Judgment Against Insurer
The Montana Supreme Court has reversed a $1.46 million bad faith judgment against an automobile insurance company, ruling that it had a reasonable basis to condition its payment of policy limits on resolution of medical payment liens. Read More

Automobile Insurance
Also Not a Car: A Scissor Lift. And, Also No Coverage.
Just a day after the U.S. Court of Appeals for the Tenth Circuit affirmed that an insurance policy excluded a box truck from the definition of "auto," precluding coverage, a federal district court in Missouri has reached the same result with respect to a different item. Read More

Claims Resolution
Travelers Defeated Bad Faith Claim But Court Rejects Its Bid for Attorneys' Fees – and Then Enters Judgment Against It for $6.1 Million
A federal district court in Arizona has denied an insurance company's request for attorneys' fees for defeating a bad faith claim – and it then awarded the plaintiffs nearly $6.1 million following a jury's breach of contract decision in their favor and against the insurer. Read More

View All Case Law Developments

In the States

California Insurance Department Orders State Farm to Reduce Homeowner and Rental Rates and Issue Refunds
California Insurance Commissioner Dave Jones has ordered State Farm Insurance Company to reduce its dwelling insurance rates by an average of 7.0 percent. Read More

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

View All Legislative/Regulatory Developments
Hurricane Matthew Was Costliest U.S. Hurricane Since Sandy, Aon Reports Read More

Emergency Physicians Urge President-Elect Trump to Address Insurance Coverage Gaps Faced by Emergency Patients 
Read More

Clueless About the C.L.U.E. Database, Survey Finds 
Read More

FC&S Legal Publishes "Ensuring Additional Insured Status in Construction Agreements" 
Read More

FC&S Legal Publishes "What to Know about Non-ISO Regulated Coverages for Contractors' Professional Liability" 
Read More

View All Industry News
Appraisal and Disposal of Damaged Contents


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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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