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TODAY'S TOP DEVELOPMENTS Friday, February 26, 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.


Trial Strategy
How to Establish to a "Legal Certainty" that Amount in Controversy Is Low Enough to Require Remand
Insureds and insurers often fight over the location of a coverage action, with insureds hoping for a state court venue and insurers seeking federal jurisdiction — including by removing an action filed by an insured in state court. A recent decision by a federal district court in Missouri explores how a policyholder can establish to a "legal certainty" that the amount in controversy in a coverage action is low enough to warrant remanding a removed case back to state court. Read More

Commercial General Liability
11th Circuit: "Occurrence" Was Ambiguous and Policy Covered Dealer's Negligent Repair of Auto Although Injury Did Not Manifest until After Coverage Period
The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Georgia, has ruled that the term "occurrence" in an insurance policy issued to an auto dealership was ambiguous and that the policy covered the "occurrence" of the allegedly negligent repair that took place during the coverage period, even though injury did not manifest until after the coverage period. Read More

Workers Compensation
New York's Top Court Rules that McCarran-Ferguson Did Not Preclude Application of Federal Arbitration Act
New York's highest court, the New York Court of Appeals, has ruled that the McCarran-Ferguson Act did not preclude application of the Federal Arbitration Act with respect to California Insurance Code § 11658. Read More

Commercial General Liability
Insured's Failure to Notify Insurer about Suit Doomed Coverage, Although It Notified Insurer about Accident, N.Y. Appeals Court Rules
An appellate court in New York, reversing a trial court's decision, has ruled that an insurance company was not obligated to defend or indemnify its insured with respect to a particular lawsuit where the insured had never notified it about the lawsuit — even though it had notified the insurer about the underlying accident. Read More

View All Case Law Developments

In the States

Zenefits' Business Practices Under Investigation in California
The California Department of Insurance has announced that, last year, it opened an investigation into Zenefits' business practices and compliance with California law and regulations. Zenefits recently announced the resignation of its founder and chief executive officer, Parker Conrad.  Read More

Health Insurance
North Carolina Insurance Department to Examine Blue Cross and Blue Shield of North Carolina
North Carolina Insurance Commissioner Wayne Goodwin has met with executives of Blue Cross and Blue Shield of North Carolina to discuss what he characterized as the insurer's "ongoing payment and enrollment problems."  Read More

View All Legislative/Regulatory Developments
Benefitfocus Study Shows Half of Large Employers Now Offer High-Deductible Health Insurance Plans; Millennials Top Takers Read More

IATA Reports No Fatal Jet Hull Losses in 2015  
Read More

Florida Highway Patrol Reports 92,000 Hit and Run Crashes in Florida in 2015  
Read More

FC&S Legal Publishes "Before Next Winter Storm, Businesses Should Seek to Protect Their Insurance Rights"  
Read More

FC&S Legal Publishes "Insurance Coverage Issues for Hotel and Apartment High-Rises Damaged by Fire"  
Read More

View All Industry News
Business Continuity Planning Guide


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

View Entire January/February 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

FC&S Legal: The Insurance Coverage Law Information Center

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