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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.


Title Insurance
Court Rules that Revocable Right-of-Way Constituted a Right of Access - and Did Not Render Title Unmarketable
A federal district court in Colorado has ruled that, as a matter of law, a revocable, non-permanent right-of-way constituted a right of access as contemplated by a title insurance policy. Moreover, the court determined, the revocable right-of-way did not render the title unmarketable, although it might have affected its value. Read More

Automobile Insurance

Iowa Supreme: Where Jury Finds Uninsured Motorist Not Negligent, Insured Motorist May Not Recover Uninsured Benefits
The Iowa Supreme Court has ruled that where an uninsured motorist was not negligent, because a defense negated an element of the negligence claim or otherwise, then the insured motorist was not legally entitled to recover uninsured motorist benefits from the insured's own carrier. Read More

Excess v. Prime
Second Circuit: Policy without "Explicit Statement" about Its Position with Respect to Excess Policies Had to be Exhausted Before Excess Policy with Such a Statement Could Be Held Responsible
The U.S. Court of Appeals for the Second Circuit, affirming a district court's decision, has ruled that a professional liability insurance policy issued to a nurse that did not contain a specific statement about its position with respect to excess policies had to be exhausted before an excess policy issued to the nurse's hospital could be held responsible. Read More

Eye on the Experts
Business Liability Policy Requires Insurer to Defend Defamation and Business Tort Claims Arising Out of Business' Web Site Publications
This Eye on the Experts article discusses a recent decision by the U.S. District Court for the Eastern District of Virginia that held that an insurer had a duty to defend claims arising out of Web site publications. Read More

View All Case Law Developments


Corporate Insurance Departments and General Counsel Should Be More Involved in Cyber Security Issues, New York Regulators Recommend
The New York Department of Financial Services has found that corporate insurance departments and general counsel infrequently participate in cyber security-related corporate governance issues - and recommends their greater involvement. Read More

Automobile Insurance

Arizona Governor Vetoes Bill that Would Have Allowed Insurers to Cancel Policies Where Vehicles Were Principally Garaged Outside Arizona
Arizona Governor Janice Brewer has vetoed House Bill 2327, which would have allowed insurance companies to cancel or non-renew an automobile insurance policy if the insured vehicle was principally garaged outside of Arizona. Read More

View All Legislative/Regulatory Developments
Penn Mutual Launches a New Inflation Protected Withdrawal Benefit Available With Smart Foundation Variable Annuities Read More

Aspen US Insurance Appoints Gary Windsor Senior Vice President of Energy & Construction 
Read More

Assurant CEO Robert B. Pollock and CFO Michael J. Peninger to Retire 
Read More

FC&S Legal Publishes "Climate Change, Pathogens, and Business Insurance: Some Thoughts on Viruses, Virulence, and Variation" 
Read More

Lyft Reaches Agreement with Met Life Auto & Home Read More

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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
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
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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