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TODAY'S TOP DEVELOPMENTS Monday, September 14, 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.


Automobile Insurance
Mississippi Supreme: Insurer Properly Voided Auto Policy After Accident for Insured's Failure to Disclose that She Had a Teenage Son
The Mississippi Supreme Court, relying on its decisions from 1876 and 1908, has ruled that an automobile insurance company could void a policy after an accident when it learned that the insured had failed to reveal on her application that she had a teenage son. Read More

Attorney's Fees
Insurer's Overbroad "Safe Harbor" Letter Leads to Attorneys' Fee Award to Oregon Insured
An appellate court in Oregon, reversing a trial court's decision, has ruled that a so-called attorneys' fee "safe-harbor" letter issued by an insurance company was overbroad and did not preclude an award of attorneys' fees to the insured. Read More

Title Insurance
Title Insurer Was Not Bound by Settlement Agreement Between Insureds and Entity They Controlled that Purchased Mechanics' Lien Claims, Arizona Appeals Court Rules
An Arizona appellate court, reversing a trial court's decision, has ruled that a settlement agreement between insureds and an entity they controlled that purchased mechanics' lien claims was not enforceable with respect to the insureds' title insurance company. Read More

Title Insurance
Title Policy Did Not Cover Alleged Loss from "Order of Conditions" Issued by Town's Conservation Commission
An appellate court in Massachusetts, affirming a trial cour's decision, has ruled that an alleged loss suffered by two homeowners from an "order of conditions" issued by a town's conservation commission that was omitted from the title search conducted on their property prior to their purchase was not covered by the homeowners' title insurance policy. Read More

View All Case Law Developments

In the States

Two More States, and the District of Columbia, Join Anti-Price Optimization Bandwagon
Two more states — Maine and Pennsylvania — and the District of Columbia have warned insurance companies not to use "price optimization" to set their rates. Read More

Insurance Fraud
Former Miami Insurance Representative Charged with Diverting Premiums
The Florida Division of Insurance Fraud has charged Tania Michel with failing to notify the Department of Financial Services of a federal fraud conviction, continuing to work in the insurance industry after having her license expire, and knowingly misappropriating premium funds while working at an insurance agency. Read More

View All Legislative/Regulatory Developments
LexisNexis Consumer Telematics Study Finds Driver Safety More Than Insurance Premium Discounts May Be Key to Customer Adoption  Read More

Towers Watson and Cambridge Mobile Telematics Announce Joint Service Offering for the Usage-Based Auto Insurance Market  
Read More

Victory Park Capital Enters Insurance Sector with Investment in 7710 Holdings
Read More

FC&S Legal Publishes "SDNY Bankruptcy Court Says Claims Against Insurer Need Not Be ‘Inextricably Intertwined’ with Insurer's Relationship with Debtor to Fall Within Scope of Channeling Injunction" 
Read More

UBA Survey Finds Self-Funded Pharmacy Plans Have Increased Nearly 30 percent in Five Years
Read More

View All Industry News
Technology Errors and Omissions Liability Coverage


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

View Entire Septmeber/October Insurance Coverage Law Report
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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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