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TODAY'S TOP DEVELOPMENTS Friday, April 15, 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.


Commercial General Liability
Malicious Prosecution Claim Triggered Coverage When Insured Set State’s Legal Machinery in Motion, Georgia Appeals Court Says in Case of First Impression
In a case of first impression, an appellate court in Georgia has ruled that, when a policy did not specify, insurance coverage was triggered on a potential claim for malicious prosecution “when the insured sets in motion the legal machinery of the state.”  Read More

Homeowners Insurance
After Pet Dog is Attacked, Wisconsin Appeals Court Limits Damages Payable to Its Owners
An appellate court in Wisconsin, affirming a trial court’s decision, has agreed with insurance carriers that damages payable to the owners of a dog that was attacked and badly injured by a larger dog were limited to the cost of a replacement dog of the same breed, doubled, notwithstanding the amount of veterinary costs and other expenses incurred in “repairing” the injured dog.  Read More

Insurer Insolvency
MetLife’s SIFI Win: The Court’s Decision, and the Government’s Response
The U.S. District Court for the District of Columbia has unsealed its opinion rescinding the final determination of the Financial Stability Oversight Council (“FSOC”) that “material financial distress” at MetLife, Inc., could “pose a threat to the financial stability of the United States” as provided in the Dodd-Frank Act, 12 U.S.C. § 5323(a)(1). Here is what the court had to say – including its rejection of MetLife’s argument that it was ineligible for designation.  Read More

Case Study
How a Settled Coverage Dispute Still Led to Litigation Between the Insurer and the Insured
Negotiated settlements between insurers and insureds sound like a good way to limit litigation. But as a recent decision by the U.S. District Court for the Eastern District of California illustrates, ambiguities in a settlement agreement can mean that litigation continues – over the settlement agreement, if not the underlying coverage dispute.  Read More

View All Case Law Developments

Employee Benefits

PBGC Report: Multiemployer Program Will Require “Significant Additional Premiums”
The Pension Benefit Guaranty Corporation has issued its study of revenues needed for it to continue to protect participants in multiemployer plans that are likely to run out of money.  Read More

Insurance Fraud
After 20 Years on the Run, Insurance Fraudster Is Captured
Fugitive Robert Allen Lopez is in U.S. custody after almost 20 years on the run.  Read More

View All Legislative/Regulatory Developments
Centene Completes $6 Billion Acquisition of Health Net   Read More

Insurance Litigator/Arbitrator JoAnn Dalrymple Joins Sedgwick   
Read More

NICB Reports Slight Increase in Water Damage Claims   
Read More

FC&S Legal Publishes “Recoupment of Defense Costs: An Ohio Court Weighs in on the Debate”   
Read More

FC&S Legal Publishes “Business Interruption Insurance for Hospitality Companies”   
Read More

View All Industry News
Claim Made Years after Death of Insured


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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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