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TODAY'S TOP DEVELOPMENTS Friday, December 2, 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.


Automobile Insurance
Montana Supreme Court Reverses $1.46 Million Bad Faith Judgment Against Insurer
The Montana Supreme Court has reversed a $1.46 million bad faith judgment against an automobile insurance company, ruling that it had a reasonable basis to condition its payment of policy limits on resolution of medical payment liens. Read More

Automobile Insurance
Also Not a Car: A Scissor Lift. And, Also No Coverage.
Just a day after the U.S. Court of Appeals for the Tenth Circuit affirmed that an insurance policy excluded a box truck from the definition of “auto,” precluding coverage, a federal district court in Missouri has reached the same result with respect to a different item. Read More

Workers Compensation
Workers’ Comp Insurer May Not Assert Malpractice Action Against Injured Worker’s Law Firm, Appeals Court Rules
An appellate court in Massachusetts, affirming a trial court’s decision, has ruled that a workers’ compensation insurance company could not proceed with a malpractice action against the law firm retained by the injured worker. Read More

Exclusion Barred Coverage for Contaminated Beef, Nebraska Federal Court Decides
A federal district court in Nebraska has ruled that the presence of Escherichia coli in beef products rendered the food unfit for consumption and, therefore, met the ordinary, unambiguous definition of “contamination” for purposes of an insurance policy’s contamination exclusion. Read More

View All Case Law Developments

In the States

Washington Dentist Ordered to Stop Selling Dental Insurance Plans
The Washington Insurance Department has ordered Dr. David Ford, a dentist in Renton, Washington, to stop selling what it characterized as an illegal dental insurance plan. Read More

In the States
California Insurance Department Orders State Farm to Reduce Homeowner and Rental Rates and Issue Refunds
California Insurance Commissioner Dave Jones has ordered State Farm Insurance Company to reduce its dwelling insurance rates by an average of 7.0 percent. Read More

View All Legislative/Regulatory Developments
Emergency Physicians Urge President-Elect Trump to Address Insurance Coverage Gaps Faced by Emergency Patients Read More

Clueless About the C.L.U.E. Database, Survey Finds  
Read More

U.S. Insurers May Benefit From Trump Deregulation, Fitch Says  
Read More

PIA Calls for Repeal of Federal Insurance Office
Read More

More Than 20 Million Children in U.S. Lack Sufficient Access to Health Care, Report Says  
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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