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TODAY'S TOP DEVELOPMENTS Wednesday, December 7, 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.


Homeowners Insurance
Suit Limitations Period Was Triggered When Insurer Closed Claim File, Even in Absence of Written Notice of Denial, Fifth Circuit Rules
The U.S. Court of Appeals for the Fifth Circuit has ruled that closing a claim file constituted an outright denial of coverage and triggered the suit limitations period in a homeowners' insurance policy – even in the absence of a written notice of denial to the insured and even if the insurer's failure to send a denial letter was tortious. Read More

Coverage for Complaint's Negligent Misrepresentation Allegations Was Not Precluded by Policy's Contract Exclusion, Connecticut Appeals Court Decides
An appellate court in Connecticut, reversing a trial court's decision, has ruled that because it was possible that allegations in a negligent misrepresentation claim against an insured town were outside the terms of its insurance policy's contract damages exclusion, the insurer's duty to defend had been triggered. Read More

Commercial General Liability
California Appeals Court Finds Duty to Defend Suit Alleging Insured's Negligence Caused Fire 20 Months After Policy's Expiration
An appellate court in California, reversing a trial court's decision, has ruled that a commercial general liability insurer had a duty to defend its insured, a contractor who had installed a fireplace in a home, against negligence claims stemming from a fire that occurred after the policies no longer were in effect. Read More

Eye on the Experts
Insurer's Attempt to Relitigate Liability—DENIED
This Eye on the Experts article discusses a recent Oregon Supreme Court decision that rejected an insurer's attempt to separately relitigate issues of liability previously decided in an underlying lawsuit. Read More

View All Case Law Developments

In the States

Illinois Department of Insurance Joins Blockchain Initiative
A consortium of Illinois state and county agencies, including the Illinois Department of Insurance, has launched the Illinois Blockchain Initiative. Read More

In the States
Allstate to Pay $600,000 to Three California Counties for TV Ads Touting Accident Forgiveness Program
Three California counties have reached a $600,000 settlement with Allstate Insurance Company relating to advertising of its auto accident forgiveness program in California, where the program is prohibited by state law. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Are State Insurance Regulators Overstepping Their Mark?" Read More

In $3 Billion Deal, Liberty Mutual Insurance to Acquire Ironshore from Fosun International 
Read More

U.S. Health Spending Reached Nearly $10,000 Per Person in 2015, According to CMS Report 
Read More

W. R. Berkley Introduces "Berkley One" Brand for High Net Worth Personal Lines 
Read More

U.S. Ultra High Net Worth Clients Own Nine Overseas Homes, 19 Vehicles, and Nearly $20 Million of Insured Fine Art, AIG Study Finds 
Read More

View All Industry News
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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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