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TODAY'S TOP DEVELOPMENTS Tuesday, January 24, 2017  

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.


Automobile Insurance
Minnesota Supreme Court Rules That Auto Policy's Anti-Assignment Clause Precluded Insureds' Assignments to Medical Provider
The Minnesota Supreme Court has ruled that an anti-assignment clause in an automobile insurance policy precluded the assignment of the policy's basic economic loss benefits by policyholders injured in automobile accidents to their medical provider to obtain medical treatment. Medical providers "unsettle[d]" by the ruling, the court said, should look to the legislature for relief. Read More

Homeowners Insurance
Nebraska Supreme Court Upholds Post-Loss Assignment of Claim under Homeowner's Policy Despite Non-Assignment Clause
The Nebraska Supreme Court has ruled that a post-loss assignment of a claim under a homeowner's insurance policy for the homeowner's property damage casualty loss was "valid," despite a non-assignment clause in the policy. Read More

Title Insurance
Arizona Appeals Court Refuses to Enforce Insureds' Assignment of Rights Against Insurer as Part of Settlement Agreement That Was Not Arm's-Length
An appellate court in Arizona has ruled that insureds under a title insurance policy could not assign their rights against their title insurer as part of a settlement agreement that was not arm's-length. Read More

Superstorm Sandy
N.J. Federal District Court in Superstorm Sandy Coverage Case Rejects Insureds' Challenges to "Unequivocal" Denial of Benefits Letter
A federal district court in New Jersey, in a Superstorm Sandy coverage case, has ruled that a homeowner's insurance company's letter to its insureds amounted to an unequivocal denial of benefits for purposes of the policy's suit limitations period, even though it also referenced benefits that would be paid, did not use the word "denial," did not reference the policy's suit limitations period, and noted that the insureds could appeal. Read More

View All Case Law Developments

Health Insurance

New York Requires Health Insurers to Cover All Contraceptives and Medically-Necessary Abortion Services Without Co-Pays, Coinsurance, or Deductibles
The New York State Department of Financial Services has mandated that commercial health insurers cover contraceptive drugs and devices without co-pays, coinsurance, or deductibles regardless of the future of the Affordable Care Act, and that all medically necessary abortion services be covered by commercial health insurance policies without co-pays, coinsurance, or deductibles. Read More

In the States
National Association of Insurance Commissioners Names 2017 Committee Leadership
The National Association of Insurance Commissioners has named its 2017 committee chairs and vice chairs. Read More

View All Legislative/Regulatory Developments
Goldberg Segalla Names New Partners and Special Counsel  Read More

Canada's Life and Health Insurers Agree to Limit Requests for and Use of Genetic Testing Information  
Read More

FC&S Legal Publishes "Business Income Coverage: A Critical and Often Overlooked Area of Property Insurance"  
Read More

FC&S Legal Publishes "10 Red Flags That Could Signal Fraud for Vehicle Accidents"  
Read More

Flood Most Damaging 2016 Peril, Causing Nearly One-Third of $210 Billion Global Economic Losses, Aon Benfield Reports  
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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