Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Friday, March 28, 2014

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.


Trial Strategy
The Importance of Applicable State Law in a Bad Faith Action
Oregon and Arizona's policies regarding insurance bad faith are drastically different. Arizona recognizes that conduct constituting insurance bad faith may cause a person to suffer more than mere economic injuries, and thus recognizes it as a tort. Oregon, however, limits bad faith causes of actions to contract, thus making emotional or physical damages unrecoverable. A recent decision by an Arizona appellate court highlights the practical significance of determining, in the first instance, the applicable law governing a bad faith claim. Read More

Automobile Insurance

Grandson's Violation of Operator Exclusion Form Relieved Insurer of Duty to Indemnify Grandparents for Optional Bodily Injury Coverage of $500,000, Appeals Court Rules
An appellate court in Massachusetts, affirming a trial court's decision, has ruled that an insurance carrier was relieved of its obligation to indemnify its insureds for optional bodily injury coverage of $500,000 where their grandson had violated the provisions of an operator exclusion form by driving his grandparents' vehicle. Read More

Life Insurance
Nebraska Supreme: Property Settlement Agreement Incorporated into Divorce Decree Establishes Ownership of Life Insurance Policies Although Beneficiary Had Not Been Changed
The Nebraska Supreme Court has enforced a property settlement agreement incorporated into a divorce decree that allocated an ex-husband's life insurance policies even where he had not changed the beneficiary from his former wife, notwithstanding the state's general rule that divorce did not affect a beneficiary designation in a life insurance policy. Read More

Commercial Property
Creditor Could Not Recover Its Force-Placed Insurance Charges, and Had to Pay Debtor's Attorney's Fees, Appeals Court Says
An appellate court in Arizona, in a contract dispute over $381 in force-placed insurance premiums for a commercial fryer purchased through a financing company, has upheld a trial court's decision rejecting the financing company's claim for those funds and awarding the purchaser attorneys' fees and costs of approximately $32,700. Read More

View All Case Law Developments


U.S.-Based NAIC and FSA of Japan Form Alliance
The National Association of Insurance Commissioners has joined the Financial Services Agency of Japan to launch a new bilateral dialogue between insurance supervisors from the U.S. and Japan. Read More

Insurance Fraud

Man Charged with Defrauding Over 270 Floridians in Insurance Scam
David Glincher has been charged with theft, white collar crime, and fraud for allegedly filing car insurance claims on behalf of consumers who either were unaware of the filings or never received claim payouts. Read More

View All Legislative/Regulatory Developments
Insurance Recovery Litigator Paul L. Langer Joins Quarles & Brady's Chicago Office Read More

FC&S Legal Publishes Nelson Levine de Luca & Hamilton's Bad Faith Compendium: Missouri 
Read More

The World's Most Ethical Insurance Companies Are... 
Read More

Marsh Reports on Captives 
Read More

Bart Zanelli Appointed Head of Advisory for North America at JLT Towers Re 
Read More

View All Industry News
Nuclear Exclusion Clauses


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

View Entire April 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 ($1,295 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 To subscribe to FC&S 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
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%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy
5081 Olympic Blvd
Erlanger, KY 41018