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TODAY'S TOP DEVELOPMENTS Tuesday, December 22, 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.


5th Circuit Upholds Insured’s $50 Million Breach of Contract Award in Deepwater Horizon Dispute; Asks Texas Supreme Court to Decide Bad Faith Issue
The U.S. Court of Appeals for the Fifth Circuit has affirmed a $50 million award in favor of an insured against an insurance company in a coverage dispute stemming from the Deepwater Horizon oil spill. It also ordered the district court to award attorneys’ fees to the insurer and it asked the Texas Supreme Court to decide a bad faith issue under Texas law that may entitle the insured in this case to recover treble damages. Read More

Homeowners Insurance
Delaware Supreme: Workers’ Comp Exclusions in Homeowners’ Policy Are Enforceable
The Delaware Supreme Court, affirming a trial court’s decision, has ruled that workers’ compensation exclusions found in a homeowners’ insurance policy were enforceable. Read More

Workers Compensation
Kansas Supreme: Workers’ Comp Payments Must Be Offset by All Social Security Retirement Benefits Received by Claimant
The Kansas Supreme Court, reversing an appellate court’s decision, has ruled that an employer may use all Social Security benefits received by a claimant to offset its workers’ compensation obligation. 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

In the States

NAIC Elects 2016 Officers
The National Association of Insurance Commissioners has elected its 2016 officers. Read More

Insurance Fraud
Doctors Are Among Group Charged in “Operation Spinal Cap”
The former chief financial officer of a hospital in Long Beach, California, two orthopedic surgeons, and two others have been charged by prosecutors in multiple alleged long-running health care fraud schemes that illegally referred thousands of patients for spinal surgeries and generated nearly $600 million in fraudulent billings over an eight-year period. Read More

View All Legislative/Regulatory Developments
Insurance Attorneys John E. Howell and Parker J. Lavin Become Partners at Wiley Rein Read More

Fosun Completes Ironshore Acquisition 
Read More

Gibbons Attorney William J. Castner, Jr., to Join Horizon Blue Cross Blue Shield of New Jersey 
Read More

Long-Held Beliefs About Arson Science Have Been Debunked After Decades of Misuse - ABA Journal 
Read More

FC&S Legal Publishes “How to Read a Policy: A Short Lesson from a Federal Court” in Its Flagship Publication, the Insurance Coverage Law Report 
Read More

View All Industry News
Form Analysis
Auto Dealers Coverage Form (Garage Policy)


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

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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