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TODAY'S TOP DEVELOPMENTS Friday, June 17, 2016  

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.


Automobile Insurance
Taxi Driver’s Uninsured Motorist Action May Proceed, N.Y. Appeals Court Decides
An appellate court in New York has ruled that a taxi driver who claimed that he was injured after he stepped out of his taxicab was entitled to recover uninsured motorist benefits under his personal auto policy, and that the trial court had to determine the amount of coverage given his policy’s anti-stacking provision. Read More

Automobile Insurance
“Living With” Was Unambiguous, West Virginia’s Top Court Holds in Denying UIM Benefits under Father’s Policy to Unmarried, Un-Emancipated Daughter Living With Mother
West Virginia’s highest court, the Supreme Court of Appeals of West Virginia, has ruled that the phrase “living with” in an automobile insurance policy was unambiguous and that the insured’s 23-year-old unmarried, un-emancipated daughter did not live with the insured but with her mother. Read More

Attorney’s Fees
What’s an Insurer’s In-House Counsel Worth?
In an insurance coverage dispute between two insurance carriers, a federal district court in New York was asked to determine whether to value one insurer’s in-house counsels’ services based on their annual salaries or based on the hourly rate that would be paid to outside counsel for similar legal services. Read More

Life Insurance
Plan Administrator Breached Its Fiduciary Duty by Misrepresenting Amount of Life Insurance Coverage, Michigan District Court Rules
A federal district court in Michigan has ruled that a plan administrator breached its fiduciary duty when, despite its failure to send an evidence of insurability form to the insured when she passed the guaranteed-issue threshold of a group life policy, it represented to her that her coverage for the increased amounts was effective. Read More

View All Case Law Developments

In the States

Half Million Missouri Homeowners at Risk as Earthquake Insurance Market Continues to Shrink, Missouri Insurance Regulator Says
More than a half million Missourians are at risk because of the contracting earthquake insurance market, Missouri Department of Insurance Director John M. Huff said at a recent insurance symposium. Read More

Life Insurance
Woman Pleads Guilty to Scamming Insurance Company for $2 Million Life Insurance Payout
Irina Vorotinov has pleaded guilty in federal court to defrauding Mutual of Omaha Insurance Company of more than $2 million in life insurance proceeds by falsely claiming that her former husband had died. Read More

View All Legislative/Regulatory Developments
RIMS Advises Risk Professionals to Brace for Challenges Presented by New OSHA Rules Read More

PCI Issues New Report on Medical Cost Shifting from Workers Compensation Opt-Out Systems 
Read More

FC&S Legal Publishes “Texas Federal Court Finds Factual Allegations Trump Legal Theories for Coverage Purposes”  
Read More

FC&S Legal Publishes “Colorado Supreme Court: Insurers Need Not Show Prejudice to Enforce No-Voluntary-Payments Provision of Insurance Policy”  
Read More

Zurich Reshapes and Names Executive Committee Members  
Read More

View All Industry News
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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
Cort T. Malone, Anderson Kill, P.C.
Richard D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
Thomas F. Segalla, Goldberg Segalla
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

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