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TODAY'S TOP DEVELOPMENTS Wednesday, August 21, 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.


Homeowners Insurance
Rental Home Unoccupied for Over 30 Days Deemed "Vacant," Despite Daily Visits to Unattached Garage
A Connecticut appeals court has affirmed a trial court's decision in favor of an insurance carrier, ruling that a rental home that had not been rented for over 30 days was "vacant," and that daily visits to an unattached garage were not relevant to a consideration of whether the insured "dwelling" had been occupied. Read More

Automobile Insurance

Court Rejects Insurer's Interpretation of "Five-Dollar Rule" to Limit Its Obligation to Pay Interest on Claims It Paid Late
A federal district court in New York has rejected an insurance carrier's interpretation of the so-called "Five-Dollar Rule" to limit its obligation to pay interest on first-party no-fault claims that it failed to pay on a timely basis. Read More

Employee Benefits
Seventh Circuit Allows Suits Against Insurance Companies for ERISA Benefit Claims
A recent decision by the U.S. Court of Appeals for the Seventh Circuit has permitted insurance companies providing benefits under fully-insured employee benefit plans to be sued under ERISA Section 502(a)(1)(B). Read More

Automobile Insurance
Bad Faith Claim for Insurer's Refusal to Provide Insured with Son's Recorded Statement Before EUOs is Rejected
A California appellate court has affirmed a trial court's decision dismissing a bad faith claim against an insurance carrier for its refusal to provide its insured with a transcript of a previously recorded statement by the insured's son to the insurer's adjustor where the insured and his son had refused to be examined under oath. Read More

View All Case Law Developments


Former Louisiana Deputy Insurance Commissioner Sentenced to Prison for Racketeering
Richard L. Chambers, Sr., the former deputy commissioner for the Louisiana Department of Insurance, has been sentenced to 30 months of imprisonment, one year of supervised release following imprisonment, a fine of $10,500, and forfeiture of $11,341. Read More

Federal Actions

NHTSA Requiring Free VIN Searches for Consumers to Check for Uncompleted Recalls
The U.S. Department of Transportation's National Highway Traffic Safety Administration is requiring automakers and motorcycle manufacturers to provide consumers with a free online tool that will enable them to search recall information by vehicle identification number starting next year. Read More

View All Legislative/Regulatory Developments
Insurance Industry Funds Research to Quantify the "New Normal" of Tornado, Hail, and Wind Risk in the U.S. and Canada Read More

Daniel J. Lebish Becomes Chief Operating Officer for Aflac Group Insurance 
Read More

American Lives Underinsured by an Average of $1.2 Million, Study Finds 
Read More

Hot Wheels: NICB Reports on the 10 Most Stolen Vehicles 
Read More

The Telematics Revolution and What it Means for Drivers – and Auto Insurers 
Read More

View All Industry News

MSO General Property Form - MCP 010


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

View Entire August Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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