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TODAY'S TOP DEVELOPMENTS Monday, October 21, 2013   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.  CASE LAW Attorney’s Fees Insurer in Subrogation Action May Not Recover Attorney’s Fees under the Carmack Amendment, Texas Appeals Court Concludes A Texas appeals court has ruled that an insurance company in a subrogation action it brought in connection with alleged property damage that occurred during the interstate shipment of electronic equipment may not recover its attorney’s fees under the Carmack Amendment to the Interstate Commerce Act, which governs interstate cargo claims. Read More Automobile Insurance Insurer that Breached Duty to Indemnify Cannot Be Required to Pay Stipulated Judgment, Montana Supreme Court Rules The Montana Supreme Court has ruled that an insurance company that breached its duty to defend its insured cannot be required to pay the amount of a stipulated judgment reached by its insured with an underlying plaintiff, observing that the insured in this situation had “little incentive to minimize the settlement amount in negotiating a stipulated judgment.” Read More Commercial General Liability When Is a Claim Asserted against an Insured? Email Communications, and Ultimately a Lawyer’s Letter, Doom Request for Coverage A federal district court in Missouri has issued a decision setting forth “undisputed facts” that helped it determine when a “claim” had been asserted against a policyholder, and whether its subsequent notice to its insurer had been timely. Read More Employee Benefits $35 Million Settlement in Dispute over Handling of Cigna’s 401(k) Plan A federal district court in Illinois has approved a $35 million settlement on behalf of Cigna employees and retirees in a dispute over the handling of Cigna’s 401(k) plan, the prudence and level of fees of certain plan investment options, and the sale of Cigna’s retirement business to the Prudential Retirement Insurance and Annuity Company. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Insurance Fraud Hole-in-One Golf Insurer Pleads Guilty to Three Felonies A Connecticut businessman who insures golf tournament hole-in-one prizes but who prosecutors say has a history of failing to pay has pleaded guilty in Washington to two counts of selling insurance without a license and one count of first-degree theft. Read More Alternative Risk and Captives Jay Branum Becomes Director of Captives for South Carolina Department of Insurance The South Carolina Department of Insurance has named William “Jay” Branum, an attorney and former senior executive with Munich Re Group, to be director of captives. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Understanding Business Interruption Values Can Be Critical, Marsh Says Read More Tokio Millennium Re Completes Redomestication to Switzerland Read More Colonial Life Advises Employers to Look Beyond Health Insurance Read More AIG Launches Service to Estimate Cost of Product Recalls; Raises Contaminated Product Insurance Limits to $35 Million Read More Alliance Group Launches Operations in Thailand Read More View All Industry News Discussion Products and Completed Operations Coverage Automatically Included (Part I) Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire October/November Insurance Coverage Law Report   View Insurance Coverage Law Report Archives Steven A. Meyerowitz, ESQ. Director, FC&S Legal [email protected] Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal [email protected] 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, Tressler 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 ($795 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 www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or [email protected]. FC&S Legal: The Insurance Coverage Law Information Center     To ensure future delivery of email, please add [email protected] to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. ©2013 Summit Professional Networks, All rights reserved. Privacy Policy 5081 Olympic Blvd Erlanger, KY 41018 1-800-543-0874