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TODAY'S TOP DEVELOPMENTS Monday, October 10, 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.


Homeowners Insurance
You Can Call It Negligence, But Intentional Shooting That Led to Third-Degree Murder Conviction Was Not Covered by Insured's Policy
A federal district court in Pennsylvania has ruled that an insurance company was not obligated to defend or indemnify its insured in a "negligence" lawsuit alleging that he had shot and killed a man, where he had been convicted of third-degree murder and had intentionally drawn and shot his gun. Read More

Commercial Property
1 Insurance Policy, 1 Hail Storm, 15 Damaged Properties. And 15 Deductibles, Pennsylvania Court Decides
A federal district court in Pennsylvania has ruled that the owner of 15 residential rental properties insured under one policy and damaged in one hail storm had to pay 15 deductibles. Read More

Homeowners Insurance
Ex-Husband's Negligence Claims Against Ex-Wife, with Allegations That He Had Suffered Heart Palpitations and Chest Pain, Triggered Insurer's Duty to Defend
A federal district court in Delaware has ruled that a former wife was entitled to a defense by her homeowners insurance company of a lawsuit brought by her former husband for defamation and negligent infliction of emotional distress, where he asserted that her alleged actions had caused him to suffer heart palpitations and chest pain. Read More

Homeowners Insurance
Bad Faith Claim Over Insurer's Alleged "Secret" Policy Filed 16 Months After Loss Was Not Barred by Policy's One Year Suit Limitation Period, Iowa Appeals Court Decides
An appellate court in Iowa has ruled that a bad faith claim filed by homeowners against their insurance company 16 months after their loss was not barred by their policy's one year suit limitation period when it was based on information the homeowners allegedly learned during the arbitration proceeding over their loss. Read More

View All Case Law Developments

In the States

Florida's Citizens Property Insurance Corp. Says That Litigation and Assignments of Benefits "Continue to Drive Rates"
According to a report by Florida's Citizens Property Insurance Corporation to its board of governors, litigation costs "continue to sap the ability of Citizens Property Insurance Corporation to control costs, which are being passed on to policyholders forced to pay higher rates." Read More

In the States
New Mexico State Auditor Identifies Millions in Uncollected Revenues from Insurance Companies 
New Mexico's state auditor, Tim Keller, has released a special audit of premium taxes collected by the state of New Mexico that found that the state may have been underpaid by insurance companies by at least $193 million. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Multistate Market Conduct Examinations: A Study of Penalties and Predictions" in its Flagship Publication, the Insurance Coverage Law Report  Read More

State Farm Ranks Highest in Life Insurance Customer Satisfaction for Third Consecutive Year, J.D. Power Study Finds  
Read More

Argo Enters Cyber Market with Appointment of Russell Heaton  
Read More

Specialty Insurer Brit Launches New Syndicate  
Read More

Mutual of Omaha Names Andy Gibson Vice President of Group Claims  
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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