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TODAY'S TOP DEVELOPMENTS Friday, November 20, 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.


Commercial General Liability
Sixth Circuit Refuses to Upset Settlement Based on Alleged Misrepresentation Regarding Available Insurance
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by the U.S. District Court for the Eastern District of Michigan, has refused to upset a settlement agreement based on the plaintiff's allegation that he had been misinformed about the defendant's available insurance. Read More

Workers Compensation
Insurer's Conduct in Handling Worker's Comp Claim Exacerbated Non-Work-Related Injury and Was Not Subject to Pennsylvania's Worker's Comp Law, Appeals Court Rules
An appellate court in Pennsylvania, reversing a trial court's decision, has ruled that a plaintiff's claim of emotional distress allegedly suffered as a result of threats of disclosure of childhood sexual abuse made by a workers' compensation insurer was not an "injury arising in the course of employment" and, therefore, did not limit the plaintiff's remedies to those provided under the Pennsylvania Workers' Compensation Act. Read More

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 homeowner's insurance policy, based on the policy language.  Read More

"Cross Suits" Exclusion Did Not Bar Coverage of Claim Against Insured Company by Its Sole Owners and Directors, California District Court Rules
A federal district court in California has ruled that a "cross suits" exclusion in a policy issued to a company did not preclude coverage for a claim against the company brought by its sole owners and directors. 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

Insurance Fraud
Michael Danilovich Convicted in N.Y. in Largest Single No-Fault Auto Fraud Scheme Ever Charged
Michael Danilovich has been found guilty on racketeering conspiracy, securities fraud, health care fraud, mail fraud, wire fraud, and money laundering charges following a five-week jury trial before U.S. District Judge Deborah A. Batts. The jury convicted Mr. Danilovich of racketeering arising out of his operation, from 2007 through 2012, of what Manhattan U.S. Attorney Preet Bharara characterized as "the largest single no-fault automobile insurance fraud scheme ever charged." Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Change to Evidence Rules Threatens Policyholders' Ability to Recover Under Historic Insurance Policies" in its Flagship Publication, the Insurance Coverage Law Report  Read More

FC&S Legal Publishes "TCPA Litigation and the Insurance Industry" in its Flagship Publication, the Insurance Coverage Law Report  
Read More

FC&S Legal Publishes "Judges — Not Juries — Award Attorney's Fees in Virginia Bad Faith Cases"  
Read More

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

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Illinois"  
Read More

View All Industry News
Number of Accidents


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

View Entire November/December 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, 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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