Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, July 10, 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.


Oklahoma Supreme: Second-Level Excess Insurer Can Assert Claim against First-Level Excess Insurer
In response to a certified question of state law from the U.S. Court of Appeals for the Tenth Circuit, the Oklahoma Supreme Court has ruled that a second-level excess insurer could assert a claim against a first-level excess insurer where the second-level excess insurer became liable to pay as a consequence of an agreement between the insured and its first-level excess insurer. Read More

Water Exclusion Dooms Coverage for Claim Stemming from Alleged Rupture of Underground Water Supply Line
An intermediate appellate court in New York has affirmed a trial court’s decision finding no coverage for a claim alleging damage to a building stemming from the rupture of an underground water supply line. Read More

4th Circuit Affirms Finding of No Coverage for Claims Alleging Car Dealers Had Collected Illegal “Administrative Fees” from Buyers
The U.S. Court of Appeals for the Fourth Circuit has affirmed a district court’s decision that an insurer had no duty to defend or indemnify an insured car dealer in a case asserting that it had engaged in the practice of collecting illegal “administrative fees” from buyers. Read More

Employee Benefits
Florida Supreme Court Finds Ambiguity in Home Health Care Insurance Policy’s Automatic Benefit Increase Percentage Provision
A divided Florida Supreme Court, in responding to questions certified by the U.S. Court of Appeals for the Eleventh Circuit, has determined that the “automatic benefit increase percentage” in a “Limited Benefit Home Health Care Coverage Certificate of Insurance,” which had been issued to policyholders as evidence of insurance under a group policy, applied to the dollar values of the policy’s “lifetime maximum benefit amount” and its “per occurrence maximum benefit.” Read More

View All Case Law Developments

Life Insurance

Sen. Hatch to Propose Role for Life Insurers in State and Local Government Pensions
Senator Orrin Hatch (R-Utah) will be proposing legislation that would permit state and city governments to turn over their pension plans to life insurance companies. If enacted into law, life insurers would be able to issue annuities to government employees to replace the pension plans currently provided to them. Read More

Automobile Insurance
New Jersey Increases Fines for Texting while Driving and for Illegal Cell Phone Us
New Jersey Governor Chris Christie has signed legislation (S69 / A1080) that increases fines for motorists talking on a hand-held phone or texting while driving. Read More

View All Legislative/Regulatory Developments
Lloyds’ Landmark London Building Sold to Chinese Insurer Read More

Progressive Insurance and United Services Automobile Association Enter License Agreement for Usage-Based Insurance
 Read More

David Pesce Appointed Director of Surety for AXIS Insurance in U.S.
 Read More

XL Group Appoints Wesly Guiteau as Senior Vice President, Underwriting Manager, of Bermuda Excess Casualty Unit
 Read More

Aviva Enhances Critical Illness Coverage
 Read More

View All Industry News

Commercial Lines
ALE Claim and Property Damage Coverage


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

View Entire July Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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, 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 on how to subscribe to FCS& Legal, please contact customer service at 1-800-543-0874 or

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 Business Media, All rights reserved. Privacy Policy
Summit Business Media
  5081 Olympic Blvd
Erlanger, KY 41018