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TODAY'S TOP DEVELOPMENTS Thursday, February 26, 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.


Case of First Impression
New York Court Rules that No-Fault Insurer Need Not Pay "Facility Fee" In Connection with "Office-Based Surgery"
An appellate court in New York, in a case of first impression, has ruled that a no-fault insurance carrier was not required to pay, as a component of first-party benefits for "basic economic loss" under New York Insurance Law § 5102(a), a facility fee in connection with "office-based surgery" performed in a practice and setting that was accredited under New York Public Health Law § 230-d(i)(h). Read More


Insurer Could Not Rely on Protective Safeguards Exclusion Where Three Non-Working Smoke Detectors Were in a Main Hall Closet But Others in the Home Were Working
A federal district court in Minnesota has ruled that a "protective safeguards" exclusion was ambiguous and that an insurance company could not rely on it to bar coverage on the ground that three smoke detectors in a home were not working and were in a hall closet, where other smoke detectors in the home were working and had alerted the insureds that their home was on fire. The court also found that the exclusion violated Minnesota law. Read More

Automobile Insurance
Auto Policy with $500,000 UM Limits for Executives and Their Families, and $30,000 for Employees, Did Not Violate Florida Law, Appeals Court Rules
An appellate court in Florida, affirming a trial court's decision, has ruled that an auto insurance policy that provided, as per an employer's request, for up to $500,000 of uninsured and underinsured motorist insurance benefits for executives, owners, and their families, but only up to $30,000 for all other insureds, including employees, did not violate Florida law. Read More

Homeowners Insurance
Exclusion Precluded Coverage for Claim Allegedly Arising from Business Operated Out of Insured Homeowner's Garage, Illinois Appeals Court Affirms
An appellate court in Illinois, affirming a trial court's decision, has ruled that a business exclusion in a homeowner's insurance policy precluded coverage for a claim allegedly arising from an auto parts business the insured homeowner operated out of his garage. Read More

View All Case Law Developments

Automobile Insurance

New Law Authorizes Transportation Network Companies to Operate in Virginia
Virginia Governor Terry McAuliffe has signed SB1025 and HB1662, which establish licensing procedures for transportation network companies such as Uber and Lyft to operate legally in the Commonwealth of Virginia. Read More

Automobile Insurance

New Jersey Senator Blumenthal Urges U.S. Attorney General to Investigate Auto Insurers
U.S. Senator Richard Blumenthal (D-Conn.) has asked U.S. Attorney General Eric Holder to investigate whether auto insurers are pressuring consumers to repair their vehicles at repair shops that have agreed to use cheaper parts to save insurance companies money. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Insurance May Help Weather the Winter Storm" Read More

Wilson Elser Promotes Several Insurance Lawyers to Partner Read More

Ariel Re Launches Ariel Specialty Insurance Managers
Read More

AXA S.A. Enters U.S. Employee Benefits Market under Leadership of Hervé Balzano
Read More

Home Depot's 2014 Data Breach Leads to $33 Million Charge – So Far Read More

View All Industry News
Replacement of Damaged Property


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

View Entire January / February 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.

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

FC&S Legal: The Insurance Coverage Law Information Center

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