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TODAY'S TOP DEVELOPMENTS Thursday, July 10, 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.

Homeowners Insurance
Homeowner May Not Condition Insurer's Post-Claim Request for Information on Its Signing of a Confidentiality Agreement, Oregon Appeals Court Rules
An appellate court in Oregon, affirming a trial court's decision, has ruled that a homeowner, after filing a claim of loss, may not condition compliance with his insurer's information requests by requiring the insurer to execute a confidentiality agreement that imposed limitations on the insurer's use of the insured's personal information. Read More

Workers Compensation
Workers Comp Attorney May Be Able to Recover Fees from Third Party Settlement Ahead of Insurer, Appeals Court Rules
An appellate court in Texas has reversed a trial court's decision barring a workers compensation attorney from recovering her fees from a third party settlement ahead of the workers compensation insurance carrier. Read More

Case Study
Calculating Interest Payable by an Insurer on an Excess Judgment in a Bifurcated Personal Injury Action
A recent decision by a New York trial court illustrates how to calculate the interest payable by an insurance carrier to the plaintiff in an underlying personal injury action that had been bifurcated as to liability and damages, and that resulted in an excess judgment against the insured. Read More

Automobile Insurance
California Appeals Court Upholds Bad Faith Complaint in Uninsured Motorist Context Despite Insurer's Right to Demand Arbitration
An appellate court in California, reversing a trial court's decision, has ruled that an insured's bad faith complaint against its automobile insurance carrier, alleging that the insurer had not adequately investigated and evaluated his uninsured motorist benefits claim and had failed to attempt to negotiate a settlement despite clear evidence of liability, should not have been dismissed even though the insurer had a right to, and had, demanded arbitration of the insured's claim. Read More

View All Case Law Developments

Federal Actions
Federal Agencies Release "Living Wills" for AIG, Prudential, and Other SIFIs
The Federal Reserve Board and the Federal Deposit Insurance Corporation have released the public portions of annual resolution plans for 17 financial firms, including American International Group and Prudential Financial, Inc. Read More

In the States
Uber Agrees to Cap Pricing During Emergencies and Natural Disasters
Uber has reached an agreement with the New York Attorney General's office to limit prices during "abnormal disruptions of the market" - typically, emergencies and natural disasters - consistent with New York's price gouging statute. Uber is expected to announce a national policy to limit pricing in emergencies that is based on this agreement. Read More

View All Legislative/Regulatory Developments
Mark Maritzen Joins Endurance's New U.S. Commercial Property Insurance Unit Read More

More Auto Injury Claimants Are Hiring Attorneys, Study Finds Read More

Unum Promotes Wendy Gibson to Senior Vice President Read More

Hardy Appoints Anna Maria D'Hulster as Non-Executive Director Read More

Hannover Re Transfers U.S. Named Storm Risks to the Capital Markets Read More

View All Industry News
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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 [email protected].
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