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TODAY'S TOP DEVELOPMENTS Tuesday, June 4, 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.


Employee Benefits
U.S. Supreme Court: Federal Insurance Law Preempts Virginia Law Providing that Divorce Decree Automatically Revokes Insured’s Prior Designation of Spouse as Beneficiary
The U.S. Supreme Court has ruled that the Federal Employees’ Group Life Insurance Act of 1954 preempted a Virginia law that addressed the situation in which an employee’s marital status has changed, but the employee did not update his or her beneficiary designation before dying, by rendering a former spouse liable for insurance proceeds to whoever would have received them under applicable law but for the beneficiary designation. The decision is likely to have significant practical implications: the total amount of FEGLI insurance coverage in force, in 2010, was $824 billion. Read More

Worker’s Compensation
New Mexico Supreme Court Rules Undocumented Workers Entitled to Benefits Where Employer Failed to Follow Federal Hiring Rules
The New Mexico Supreme Court has held that employers that cannot demonstrate good faith compliance with federal law in the hiring process cannot use the undocumented status of their workers as a defense to payment of modifier benefits under the New Mexico Workers’ Compensation Act. In particular, it ruled that an employer that did not properly fill out an I–9 Form and demand necessary documentation, as required, either should have known or was deemed to have known that the worker would likely be undocumented and ineligible for rehire in the event of injury. Read More

Health Insurance
Newborn’s Hospital Costs Not Covered Where Mom Failed to Ask Insurer to Add Him to Policy, California Appeals Court Holds
Reversing a trial court’s decision, a California appellate court has ruled that an insured’s failure to notify her health insurance carrier that she wanted to add her newborn baby to the policy doomed her efforts to obtain coverage for hospital and other costs incurred by the baby six weeks after his birth. Read More

Commercial General Liability
Appeals Court Applies Provision Limiting Coverage of Policy Despite Its Location in Specific Endorsement
A Massachusetts appellate court has ruled that a provision in an endorsement that stated that it limited coverage under the “policy” limited coverage under the policy, and not just under the endorsement. Concluding that the policy was unambiguous, the appellate court found that the language that limited the coverage provided under “the policy” served as a limitation on all the policy’s coverages, not only on “Coverage D.”  Read More

View All Case Law Developments

Worker’s Compensation

Pennsylvania Certifies 149 Lawyers as Workers’ Compensation Law Specialists
The Pennsylvania Bar Association’s Workers’ Compensation Law Section has certified 149 lawyers as specialists in that area of legal practice.  Read More

Commercial Property
Florida Insurance Commissioner Fines Universal Property & Casualty Insurance
Florida Insurance Commissioner Kevin McCarty has issued an order for Universal Property & Casualty Insurance Company that, he said, addressed issues related to the Office of Insurance Regulation’s target market conduct final examination report.  Read More

View All Legislative/Regulatory Developments
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, 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
Fairfax Financial to Acquire American Safety Insurance for $29.25 per Share Read More

Insured Value of U.S. Coastal Properties Exceeds $10 Trillion, Report Finds Read More

XL Group Creates Global Emerging Markets Unit within Reinsurance Operations Read More
USA Business Insurance Announces New Auto Repair and Mechanic Shop Insurance Read More
Navigators Names Glen M. Bronstein as U.S. Chief Claims Officer Read More

View All Industry News
Insurance Forms & Resources

Ask the Experts: Security Service as Extra Expense
June, 2013


Browse our entire library of over 2,500 resources and forms.

Employment Practices Liability Insurance Read More

HarrisMartin’s Superstorm Sandy Insurance Coverage Litigation Conference Read More

Asbestos Claims & Litigation  
Read More

View Full Calendar


Focus On: Inadvertent Omission of Exclusion Created Only the Appearance of Coverage, Circuit Finds in Upholding Decision Overturning Jury Verdict in Insured’s Favor  Read More

State Responses to Superstorm Sandy and Other Natural Disasters: Implications for Ceding Companies and their Reinsurers  Read More

Insurance Certificates and Evidence of Insurance for Lease Transactions  Read More

View Entire June Insurance Coverage Law Report
View Insurance Coverage Law Report Archives


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