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TODAY'S TOP DEVELOPMENTS Wednesday, October 23, 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 Trial Strategy The Risks of Pre-Trial Discovery Requests that Are Too Aggressive When an insurance coverage case is in court, motion practice can become very aggressive. Sometimes, the costs of an overly broad and overly burdensome pre-trial discovery request can outweigh the benefits, as illustrated by a recent decision from the U.S. District Court for the Western District of New York. Read More Life Insurance The Long Life and, for the Owner, the Untimely Death, of a Flexible Premium Life Policy The U.S. Court of Appeals for the Fifth Circuit, reversing a district court’s decision, has ruled that a life insurance carrier had sent timely notices to the owner of a flexible premium life insurance policy indicating that the policy was in a grace period, in compliance with applicable Louisiana law, and that the owner’s failure to remit payment in response therefore meant that the policy had terminated. Read More Automobile Insurance Finding Discovery Necessary, Court Refuses to Dismiss Insured’s Bad Faith Claim for “Delay” A federal district court in Pennsylvania has refused to dismiss a statutory bad faith claim against an insurance carrier, finding that discovery was needed with respect to the insurer’s handling of the insured’s claim. Read More Eye on the Experts How to Purchase “Cyber” Insurance “Cyber” insurance can be an extremely valuable asset in an organization’s strategy to address and mitigate cyber security, data privacy, and other risks. But selecting and negotiating the right insurance product can present a significant challenge given, among other things, the lack of standardized policy language and the fact that many “off the shelf” policies do not adequately match the organization’s risk profile. Here, Roberta D. Anderson of K&L Gates LLP offers five tips to help facilitate a successful cyber policy placement. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Life Insurance State Regulatory Debate Creates Uncertainty for U.S. Life Insurers, Fitch Says A lack of consensus among state regulators on captive insurance companies and reserves is creating an uncertain environment for the U.S. life insurance industry, which ultimately could adversely affect insurer ratings, according to a new Fitch Ratings’ report. Read More In the States NAIC Begins 2014 Budget Approval Process The National Association of Insurance Commissioners (“NAIC”) said that its proposed 2014 budget is proceeding through the approval process, following months of development by NAIC officers, the NAIC Internal Administration Subcommittee, NAIC Executive Committee, and executive staff. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Critical Infrastructure Facing Increased Cyber Risk, According to Marsh Read More Europe is a Reinsurance Buyer’s Market, with Loss Free Rates Likely Down Five to 10 Percent at January 1 Renewals, Willis Re Reports Read More No Medical Life Insurance.ca Offers New Cancer Insurance Product in Canada Read More Mike Malouf Named President and CEO of Dearborn National Life Insurance Company Read More More and More “Loss of Use” Charges Appearing on Car Rental Bills Read More View All Industry News Form Analysis Commercial General Liability Definitions 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