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TODAY'S TOP DEVELOPMENTS Monday, August 5, 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.


Health Insurance
When Health and Auto Insurance Collide: Michigan Supreme Court Limits Insured's Right to "Double Recovery"
The Michigan Supreme Court has ruled that a person claiming personal protection insurance benefits under MCL 500.3114(5)(a) for injuries arising from a motor vehicle accident may not also recover an award for those same injuries under a health insurance policy that provided that it did not pay for services for which the insured legally did not have to pay. Read More


Montana Supreme Court Reverses Trial Court Decision that Umbrella Policy's "Family Member Exclusion" Was Unconscionable
The Montana Supreme Court has agreed with a trial court that a family member exclusion in an umbrella policy was not ambiguous, did not violate the insureds' reasonable expectations, and did not violate Montana public policy. The Montana Supreme Court, however, reversed the trial court's decision that the exclusion was unconscionable and ordered that summary judgment be entered in favor of the insurer. Read More

Worker's Compensation
Insurer May Not Withhold Portion of Employee's Worker's Comp Award to Offset Its Payment of Employee's Attorney's Fees, Massachusetts Supreme Judicial Court Holds
The Supreme Judicial Court of Massachusetts has held that a provision of the Massachusetts Workers' Compensation Act pertaining to attorney's fees, G.L. c. 152, § 13A(10), does not allow an insurer to withhold up to 22 percent of an employee's compensation award for specific injuries under G.L. c. 152, § 36, to offset the insurer's payment of the attorney's fees incurred by the employee. Read More

Automobile Insurance
Family Court Order Conclusively Determines Child's Single Domicile for No-Fault Purposes, Michigan Supreme Court Holds
The Michigan Supreme Court has ruled that, under Michigan's no-fault act: (1) a minor child of divorced parents may have only one domicile at any given point in time, and (2) a family court order establishing the custody of a minor child is determinative of the child's domicile for "all purposes". Read More

View All Case Law Developments

Insurance Fraud

Connecticut Attorney Charged with Participating in "Extensive Insurance Fraud"
Connecticut Attorney Joseph P. Haddad has been charged in a nine count indictment with federal offenses related to his alleged participation in what prosecutors characterized as an "extensive insurance fraud" in which more than 10 insurance carriers lost a total of approximately $2.5 million. Read More

Flood Insurance

Louisiana Senators Ask the President for "Strong Leadership at FEMA" to Fix Flood Insurance
U.S. Senators Mary L. Landrieu (D-La.) and David Vitter (R-La.) have sent a letter to President Obama highlighting the importance of strong leadership at the Federal Emergency Management Agency while it works to implement the Biggert-Waters Act. Read More

View All Legislative/Regulatory Developments
Risks of Non-Reauthorization of TRIA Are Subject of New Fitch Report Read More

New York Transportation Agency Secures $200 Million of Insurance for Future Sandy-Like Storms 
Read More

GEICO Is Exclusive Insurance Provider for Sturgis Motorcycle Rally 
Read More

XL Group's US Risk Management Welcomes Mark C. McConico as Los Angeles Underwriting Manager; Promotes Theresa Schlageter to SVP, Western Zone 
Read More

Free Webinar: Hot Issues in the Insurance Bad Faith Arena 
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, 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 ($795 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].

FC&S Legal: The Insurance Coverage Law Information Center

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