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TODAY'S TOP DEVELOPMENTS Friday October 3, 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.


Case Study
After the Insurance Proceeds Are Paid — A Cautionary Tale
An appellate court in New Jersey, affirming a trial court's decision, has ruled that a bank was not liable for insurance proceeds allegedly deposited into an insurance agent's account and misapplied to the detriment of the insured homeowner, finding that the proceeds had reached the intended person. The homeowner was injured, the appellate court stated, as a result of "her entrusting the funds to [the agent] and not the result of the manner in which they were transmitted by [the bank]." Read More

Commercial Property

Force-Placed Insurance Premiums Paid by Bank Entitles It to an Administrative Expense Claim in Debtor's Bankruptcy Case, Court Rules
A bankruptcy court in Georgia has ruled that force-placed insurance premiums paid by a bank after its debtor entered bankruptcy entitled the bank to an administrative expense claim in the debtor's Chapter 12 bankruptcy case. Read More

Employee Benefits
Oh Skylark, Have You Any Employees At All? Not to Insure, Minnesota Court Rules
A Minnesota state court has ruled that workers hired by the Skylark Opera for four performances per year were independent contractors and that the opera had no obligation to insure them under the state's unemployment insurance law. Read More

Automobile Insurance
“Resident Exclusion” Violated State Insurance Law, California Appellate Court Rules in Case of First Impression
In a case of first impression, an appellate court in California has ruled that an automobile insurance policy’s “resident exclusion” violated California insurance law and public policy and was not enforceable. Read More

View All Case Law Developments

Federal Actions

Congressional Research Service Issues Report on Insurance Regulation
The Congressional Research Service has issued a report on insurance regulation. Read More

In the States

New California Law Limits Disclosure of Insurer Data
Assembly Bill 1234, which precludes the California Department of Insurance ("DOI") from being forced to provide sensitive financial data obtained in regulatory examinations of insurance holding companies and which prohibits confidential information provided to the DOI from being admitted into evidence in a civil proceeding, has been signed into law by California Governor Edmund G. Brown Jr. Read More

View All Legislative/Regulatory Developments
Anti-Fraud Tech Plays Growing Role and Offers ROI, More Insurers Say Read More

Grinnell Mutual Legal Division Names Leadership 
Read More

Aflac Promotes Teresa L. White to President of Aflac U.S.; Expands Management Responsibilities of Deputy CFO Kenneth S. Janke 
Read More

Consumer Federation Report Cites High Auto Insurance Costs to Low Income Drivers; NAMIC Deems Study "Hard to Take Seriously" 
Read More

Stuart Henderson Assumes Chairmanship at NAMIC Annual Convention Read More

View All Industry News
Are Drones Always Aircraft?


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

View Entire October/November 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

FC&S Legal: The Insurance Coverage Law Information Center

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