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TODAY'S TOP DEVELOPMENTS Wednesday, July 17, 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.


Workers Compensation
Woman Shot and Killed by Her Estranged Husband in the Parking Lot of Her Employer; South Dakota Supreme Court Rejects Worker's Comp Claim
The South Dakota Supreme Court has ruled that the personal representative of the estate of a woman who was shot and killed by her estranged husband in the parking lot of her employer was not entitled to worker's compensation benefits because her death did not "arise out of" her employment. The court concluded that the "risk of this assault was so clearly personal to [the woman], that even though it occurred while she was at her place of work, the assault cannot possibly be attributed to her employment. We hold that [the woman's] death did not 'arise out of' her employment. Summary judgment was correctly granted." Read More

Automobile Insurance
"Standard Interest Clause" Obligated Insurer to Pay Post-Judgment Interest on Entire Judgment against Insureds, Notwithstanding Policy Limit, First Circuit Rules
The U.S. Court of Appeals has ruled that a "standard interest clause" clause in an automobile insurance policy left "no doubt" that the insurer was obligated to pay post-judgment interest on the entire judgment against its insureds, notwithstanding the policy limit, from the date of the judgment against its insureds until the insurer paid the policy limit into court. Read More

Life Insurance
Missed Payments Led Life Insurance Policy to Lapse before Insured's Death, Court Rules
A federal district court in South Carolina has ruled that an insured's failure to make payments on his life insurance policy led it to lapse before his death, rejecting the insured's widow's contentions that the insurer had not properly notified the insured of the lapse and had not acted in good faith. Read More

Commercial General Liability
Circuit Affirms Ruling for Insurers in Cases Alleging Bribes to Judges
The U.S. Court of Appeals for the Third Circuit has affirmed that insurance companies had no duty to defend or indemnify insureds in cases alleging that they had paid bribes to judges to sentence juveniles to specific detention facilities. Read More

View All Case Law Developments


WellPoint Pays HHS $1.7 million for Leaving Information Accessible over Internet
The managed care company WellPoint Inc. has agreed to pay the U.S. Department of Health and Human Services $1.7 million to settle potential violations of the privacy and security rules of the Health Insurance Portability and Accountability Act of 1996. Read More

Worker's Compensation
Zurich Settles with California over Venue of Worker's Comp Arbitrations
The California Department of Insurance, Zurich American Insurance Company, and Zurich American Insurance Company of Illinois have reached a settlement over the venue for arbitration of worker's compensation insurance issues. Read More

View All Legislative/Regulatory Developments
Darrick Fulton Joins Accounting Firm Brown Smith Wallace as Insurance Advisory Services Manager  Read More

Advent Appoints Nigel Fitzgerald as Chief Executive Officer
 Read More

W. R. Berkley Appoints Jonathan M. Levine as Vice President and Chief Marketing Officer
 Read More

Navigators Names President of Specialty Excess Casualty
 Read More

New Ruling Precludes Insurers from Contesting Indemnity Coverage
 Read More

View All Industry News

Coverage Analysis
Commercial Umbrella Liaility Insurance


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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, 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

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