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TODAY'S TOP DEVELOPMENTS Thursday, June 19, 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.


Commercial General Liability
Second Circuit Finds Insurer Was Obligated to Defend Insured Against Former Employee's ERISA Claims
The U.S. Court of Appeals for the Second Circuit, reversing a district court decision, has ruled that an insurance company was obligated to defend its insured in a suit in which the plaintiff alleged that the insured had misclassified her as an independent contractor rather than as an employee, thus depriving her of pension benefits under the insured's employee benefits plan. Read More

Commercial General Liability

Sixth Circuit Rejects Aggregation of TCPA Claims to Meet Amount-in-Controversy Requirement in DJ Action
The U.S. Court of Appeals for the Sixth Circuit has ruled that there was no diversity jurisdiction over a declaratory judgment action stemming from a class action lawsuit against the insured under the federal Telephone Consumer Protection Act, ruling among other things that the individual consumer claims against the insured could not be aggregated to meet the amount-in-controversy requirement. Read More

Health Insurance
California Mental Health Parity Act Requires that Health Insurers Provide Residential Treatment for Eating Disorders Even Where Health Plans Do Not Set Forth Such Treatment, Appellate Court Holds
The California Court of Appeal, reversing a trial court's decision, has ruled that the California Mental Health Parity Act, Cal. Health & Saf.Code, § 1374.72, requires that a health insurer provide residential treatment for the treatment of eating disorders even where such treatment is not set forth in the health plan. Read More

Eye on the Experts
Federal Court in Missouri Holds that Each Fax in a TCPA Blast-Fax Case Triggers a Separate $1,000 Per-Claim Deductible, Insurer Owes No Duty to Indemnify as a Matter of Law
While the insurance industry is issuing exclusions trying to deal with blast-fax and similar mass electronic communication problems, a federal district court in Missouri has ruled that because each fax was a separate claim under the Telephone Consumer Protection Act, the deductible provision in a policy effectively negated any chance of coverage by a policy providing property damage and advertising injury coverage. The authors of this Eye on the Experts article discuss the case and its implications. Read More

View All Case Law Developments

Federal Actions

Pet Insurer Trupanion Files Registration Statement with SEC for Proposed IPO
Seattle-based Trupanion, Inc., which provides dog and cat medical insurance for over 180,000 pets, has filed a registration statement on Form S-1 with the Securities and Exchange Commission for a proposed initial public offering of its common stock. Read More

Federal Actions

House Committee on Financial Services to Consider 5 Year Extension of TRIA, 6 Month Moratorium on SIFI Designations
The House of Representatives Committee on Financial Services will be meeting at 10:00 a.m. on June 19, 2014 in open session to consider legislation that would extend the Terrorism Risk Insurance Reform Act of 2014 for another five years and a second bill that would place a six month moratorium on the authority of the Financial Stability Oversight Council to make financial stability determinations. Read More

View All Legislative/Regulatory Developments
Aspen's Board Rejects Endurance's Unsolicited Exchange Offer; Endurance Urges Aspen to Negotiate Read More

20 New Insurance Industry Events Added to FC&S Legal Calendar 
Read More

FC&S Legal Publishes "New York Appeals Court Sustains Asbestos Plaintiffs' Direct Suit against Liability Insurer of Dissolved Corporate Defendant" 
Read More

William R. Berkley to Lead New York University Board 
Read More

NICB Names 10 Most-Stolen SUVs/CUVs Read More

View All Industry News
Pressure on Roadway Damages Foundation


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

View Entire June 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, Rivkin Radler 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

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