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TODAY'S TOP DEVELOPMENTS Thursday, December 17, 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.


Uber's Bad Faith Claim Against Excess Carrier Withstands Motion to Dismiss
A federal district court in California has refused to dismiss a bad faith claim brought by Uber Technologies, Inc., against Evanston Insurance Company, which had issued an excess policy to Uber. Read More

Automobile Insurance
In Case of First Impression, Florida District Court Holds that, in Total Loss Cases, Auto Insurers Must Pay Full Sales Tax that Would Be Due on Purchase of Comparable Vehicles
In a case of first impression, the U.S. District Court for the Middle District of Florida has ruled that automobile insurance policies required payment of sales tax in the full amount that would be due on the purchase of a vehicle of comparable value to the covered vehicle at the time of the total loss of the covered vehicle. Read More

Verdicts & Settlements
Jury Rejects Premises Liability Claim By Plaintiff Who Fell Off Exercise Machine
A jury in Illinois has rejected a premises liability claim brought by a woman who alleged that she had been injured at a gym when she fell from an exercise machine. Read More

Eye on the Experts
Defense Is Owed by CGL Insurer for Loss of Use and Diminished Value Resulting From Alleged Easement Trespass
This Eye on the Experts article discusses a recent decision by the U.S. Court of Appeals for the Tenth Circuit that found a general liability insurer owed a defense to a real estate developer who allegedly trespassed on nearby easements, causing a loss of use of those easements and a diminution in value to the dominant property. Read More

View All Case Law Developments

Federal Actions

FAA Announces Small Drone Registration Rule
The U.S. Department of Transportation's Federal Aviation Administration has announced a web-based aircraft registration process for owners of small unmanned aircraft weighing more than 0.55 pounds (250 grams) and less than 55 pounds (approximately 25 kilograms) including payloads such as on-board cameras. Read More

Federal Actions
Franklin American Mortgage Settles Alleged False Claims Act Liability Arising from FHA-Insured Mortgage Lending
Franklin American Mortgage Company has agreed to pay the United States $70 million to resolve allegations that it violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development's Federal Housing Administration that did not meet applicable requirements. Read More

View All Legislative/Regulatory Developments
AIG Announces New Executive Leadership Team Read More

Willis and Towers Watson Shareholders Approve Merger 
Read More

XL Catlin Adds Critical Equipment Reliability Report Service to Its Equipment Breakdown Insurance 
Read More

Nearly Half of Insured U.S. Adults Do Not Know They Should Have an Annual Check-Up, Cigna Survey Shows 
Read More

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

View All Industry News
Raccoons in the Attic


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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