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TODAY'S TOP DEVELOPMENTS Friday, August 19, 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.


Automobile Insurance
"Good Luck" to "Average Insurance Buyer" in Deciphering "Other Insurance" Clause, Idaho Supreme Court Declares in Rejecting Insurer's Interpretation
The Idaho Supreme Court has ruled that, notwithstanding the same "Other Insurance" clause in two separate auto policies issued by an insurer to divorced parents, the insurer had to pay the policy limit of $300,000 on each of the policies for the benefit of the parents' son, who had been severely injured in an auto accident. Read More

Illinois Appeals Court Rules That Insurer Breached Duty to Underlying Plaintiff to Update Interrogatory Answer, and Bars It from Capping Its Liability at $50,000 Instead of $1 Million
An appellate court in Illinois has ruled that an insurance company had a duty under the Illinois rules of professional conduct to update an interrogatory answer for the benefit of the plaintiff who was suing its insured. The carrier's failure to do so meant that it could not rely on a policy endorsement that would have limited its liability to $50,000 — instead of the $1 million that it initially had stated in the interrogatory answer. Read More

Superstorm Sandy
N.J. District Court Dismisses Homeowner's Extra-Contractual and Tort Claims in Superstorm Sandy Case 
A federal district court in New Jersey, in a Superstorm Sandy insurance coverage dispute, has dismissed extra-contractual and tort claims for bad faith, pre-judgment and post-judgment interest, punitive damages, attorneys' fees, and other consequential damages brought by a homeowner under a standard flood insurance policy, and has refused to permit the homeowner to amend his complaint to assert a claim for fraud and misrepresentation against the insurer. Read More

Automobile Insurance
West Virginia District Court Finds No Coverage for Claims Insured Drove Vehicle to Places Where He Shot Two People to Death
A federal district court in West Virginia has ruled that an insurance company did not have to defend claims asserting that its insured had used his truck to drive to a business where he shot and killed one person, and that he then shot and killed a second person while driving his truck. Read More

View All Case Law Developments

Homeowners Insurance

FAIR Plan to Refund Consumers $350,000 Over Allegations It Unfairly Cancelled Homeowners Policies
The Attorney General of Massachusetts, Maura Healey, has reached a settlement with the Massachusetts Property Insurance Underwriting Association, which agreed to pay $350,000 to resolve allegations that it impermissibly cancelled homeowners insurance policies between January 2010 and February 2014. Read More

In the States
NAIC to Hold Public Hearing on Long-Term Care Insurance Market
The National Association of Insurance Commissioners will be holding a public hearing to address the future of the long-term care insurance market. Read More

View All Legislative/Regulatory Developments
Atlantic Hurricane Season Still Expected to be Strongest Since 2012  Read More

Competitive Market Boosts Satisfaction with Small Commercial Insurers; Gen Y Satisfaction Spikes Well Above Others, J.D. Power Study Finds  
Read More

Insurance Litigation Partner Neel Lane Joins Norton Rose Fulbright in San Antonio  
Read More

Insurance Coverage Litigator John Benford Joins Wilson Elser's Orlando Office  
Read More

Locke Lord Adds William Primps as Partner in New York  
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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