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TODAY'S TOP DEVELOPMENTS Monday, May 2, 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.


Personal Lines
A Plane Crash: No Coverage Where Pilot’s Medical Certificate Had Expired
A federal district court in Arizona has ruled that there was no coverage for the crash of a plane being flown by a pilot whose medical certificate from the Federal Aviation Administration had expired. Read More

A Car Crash: No Umbrella Coverage Where Insureds Had Breached Policy’s Cooperation Clause
The U.S. Court of Appeals for the Eighth Circuit has ruled that insureds breached their umbrella policy’s cooperation clause by entering into a “Miller-Shugart” settlement after their insurer already had protected them from any personal liability in a “Drake-Ryan” settlement. Read More

Life Insurance
An Alcoholic’s Death: AD&D Coverage Precluded by “Infirmity, Illness, or Disease” Exclusion
A federal district court in Montana has ruled that an insurer could deny accidental death and dismemberment coverage benefits to its insured under the policy’s bodily or mental infirmity, illness, or disease exclusion on the ground that her death had resulted from her alcoholism. Read More

Homeowners Insurance
A Storm and a Leak: Court Rejects Depreciation of Labor to Calculate “Actual Cash Value”
A federal district court in Kentucky has denied an insurer’s motion for judgment on the pleadings based on its argument that it was entitled to depreciate the value of the labor used to repair damaged property under policies providing coverage for the “actual cash value” of that property. Read More

View All Case Law Developments

Health Insurance

Wyeth and Pfizer to Pay $784.6 Million to Settle Allegations that Wyeth Underpaid Drug Rebates to Medicaid
Pharmaceutical companies Wyeth and Pfizer Inc. have agreed to pay $784.6 million to resolve allegations that Wyeth knowingly reported to the government false and fraudulent prices on two of its proton pump inhibitor drugs, Protonix Oral and Protonix IV. Read More

Workers Compensation
California Charges Two in Alleged Multi-Million Dollar Workers' Comp Fraud
The California Department of Insurance has charged Alvin Shin Chen and Fiona Xilin Chen with workers' compensation insurance premium fraud for allegedly cheating their workers' compensation insurer. Read More

View All Legislative/Regulatory Developments
Mark James to Lead Chubb’s North America Marine Operations   Read More

XL Catlin Appoints Dan Riordan President of Global Political Risk & Trade Credit  
Read More

Absence of Adequate Cyber Insurance Coverage Poses Major Threat, AsTech Consulting Warns  
Read More

Liberty International Underwriters Appoints Robert Capicchioni to Head of U.S. Railroad  
Read More

Peter Stubbings Named CEO of Guy Carpenter’s Bermuda Operations; Richard Keegan Joins as SVP  
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, 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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