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TODAY'S TOP DEVELOPMENTS Monday, November 7, 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 Property
Sorry Shakespeare. There’s a Lot in a Name, as Kentucky Appeals Court Shows in Insurance Coverage Fight.
An appellate court in Kentucky has affirmed a trial court’s decision dismissing a complaint against an insurance company brought by an individual who was not the named insured under the insurance policy issued by the insurer. Read More

Really, the Insured’s Name Matters, as the Fifth Circuit Tells Tesoro Corporation and Tesoro Refining
The U.S. Court of Appeals for the Fifth Circuit has affirmed a decision by the U.S. District Court for the Western District of Texas rejecting the efforts of Tesoro Corporation and Tesoro Refining & Marketing Company, LLC, to have Tesoro Refining deemed the named insured under an insurance policy that named Tesoro Corporation as the insured. Read More

Commercial Property
Tenth Circuit Upholds District Court’s Jury Instruction on Standard of Proof in Insurer’s Fraud Action Against Insured
The U.S. Court of Appeals for the Tenth Circuit has ruled that a “preponderance of the evidence” standard of proof was appropriate in a declaratory judgment action brought by an insurer regarding its rights under the policy because of the insured’s allegedly fraudulent behavior. Read More

Insurance Fraud
Insurance Adjustor’s Theft from Insured Warranted Two-Level Sentencing Enhancement, Eighth Circuit Affirms
The U.S. Court of Appeals for the Eighth Circuit has affirmed a decision by the U.S. District Court for the District of South Dakota applying a two-level enhancement to the sentence imposed on an insurance adjustor who stole money from an insured homeowner. Read More

View All Case Law Developments

Workers Compensation

California Insurance Commissioner Asks Workers’ Comp Insurers to Reduce Rates
California Insurance Commissioner Dave Jones has issued a formal finding that costs to insurers in the workers’ compensation system are declining. As a consequence, he asked that workers’ compensation insurers pass those cost savings on to employers in the form of lower rates. Read More

Health Insurance
Former Department of Defense Civilian Employee Pleads Guilty in Federal Health Insurance Fraud Case 
A Florida man has pleaded guilty to a federal charge of health care fraud for submitting more than 1,300 false claims, seeking about $152,000, to a federal health insurance plan. Read More

View All Legislative/Regulatory Developments
David L. Herzog Named to MetLife’s Board of Directors  Read More

U.S. Homeowners Premium Set to Surpass $90 Billion for First Time, According to Aon Study  
Read More

XL Group Realigns P&C Operating Model and Makes Senior Role Changes  
Read More

Dino E. Robusto to Assume Role of CNA’s Chair and CEO  
Read More

Great American Insurance Group Teams Up with Hub International on National Elevator Program  
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, Cope Ehlers, 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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