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TODAY'S TOP DEVELOPMENTS Wednesday, September 9, 2015

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 Property
In Case of First Impression at Federal Appeals Level, First Circuit Rules that UCC Article 9 Does Not Govern Perfection of Security Interest in Right to Insurance Payment
The U.S. Court of Appeals for the First Circuit, in a case of first impression at the federal appellate level, has affirmed a decision by the bankruptcy appellate panel for the First Circuit and has ruled that Article 9 of the Uniform Commercial Code, as enacted in Maine, did not govern the taking and perfection of a security interest in a right to payment arising under an insurance policy. Read More

Life Insurance

Finding “Actively at Work” Ambiguous, California Appeals Court Rules that Widow Was Entitled to Supplemental Life Benefits
An appellate court in California, reversing a trial court’s decision, has ruled that a supplemental life policy’s requirement that the insured be “actively at work” at the policy’s effective date was ambiguous and, therefore, an employee’s widow was entitled to recover benefits following her husband’s death after the policy had become effective on New Year’s Day 2010, without his returning to work. Read More

Life Insurance
Letter Changing Beneficiary Sent Day Before Policy Owner’s Suicide Was Effective, Court Rules
A federal district court in Colorado has ruled that a letter changing the beneficiary of a life insurance policy, written by the policy’s owner the day before his suicide, was effective to change the beneficiary even though it was not on the insurer’s “beneficiary designation” form. Read More

Life Insurance
Fifth Circuit: No Coverage Where Widow Failed to Show that Husband’s Death Occurred While He Was “Exiting” His Car
The U.S. Court of Appeals for the Fifth Circuit, affirming a decision by the U.S. District Court for the Southern District of Texas, has ruled that a widow was not entitled to benefits under her husband’s life insurance policy where she could not demonstrate that he had died while “exiting” from his car and he apparently had died from a fall after he had exited his car. Read More

View All Case Law Developments

Health Insurance

HHS Proposes Nondiscrimination Rule under Affordable Care Act
The Department of Health and Human Services has issued a proposed rule, Nondiscrimination in Health Programs and Activities, to implement Section 1557 of the Affordable Care Act by extending civil rights protections banning sex discrimination to health programs and activities. Read More

Automobile Insurance
Missouri Insurance Department Fines Safe Auto for Alleged Violations
The Missouri Department of Insurance has determined that Safe Auto Insurance Company failed to provide anti-theft discounts on vehicles that qualified for the discount between 2008-2015. Read More

View All Legislative/Regulatory Developments
Mitsui Sumitomo Insurance Company to Acquire British Insurer Amlin for 3.5 Billion Pounds Read More

Mike Stone, RLI Insurance Company President & COO, Announces Retirement; Craig Kliethermes to Assume His Roles 
Read More

XL Catlin Unveils New Regional Structure and Leaders for Its Excess and Surplus-Casualty Business in the U.S. Read More

FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: Alabama” 
Read More

St. Paul Lawyer Who Had Wife Killed for $1 Million in Insurance Money 50 Years Ago Is Dead Read More

View All Industry News
Homeowners and Premises Liability


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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

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