Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday October 8, 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.


Automobile Insurance
Arizona Supreme Court Holds that Default Judgment Against Insureds Did Not Preclude Litigation of Whether Coverage Exists Under Their Policy
The Arizona Supreme Court, in response to a question certified to it by the U.S. Court of Appeals for the Ninth Circuit, has ruled that a default judgment against insured-defendants entered pursuant to an agreement that stipulated facts determinative of both liability and coverage did not preclude litigation of whether coverage existed under the policy – but that the insurer in the coverage action could not, "in the guise of a coverage defense," litigate what were "essentially and solely liability issues resolved by the default judgment." Read More

Automobile Insurance

Statutory Cap on Damages Payable by Government Did Not Limit Amount Insureds Were "Legally Entitled to Recover" as Damages, Wisconsin Appeals Court Rules
An appellate court in Wisconsin, reversing a trial court's decision, has ruled that a statutory cap on damages payable by a local government did not limit the amount that insureds who sued the government were "legally entitled to recover" as damages for purposes of the underinsured motorist coverage provisions of their insurance policy. Read More

Louisiana's "No-Pay-No-Play" Law Limited Workers' Comp Insurer's Reimbursement Claim
An appellate court in Louisiana, affirming a trial court's decision, has ruled that Louisiana's "no-pay-no-play" law barred the Louisiana Workers' Compensation Corporation ("LWCC") from recovering from an insured and the insured's insurance carrier the first $15,000 the LWCC had paid to an injured worker where the injured worker did not have the minimum compulsory vehicle liability insurance required by Louisiana law. Read More

Excess Insurer Could Maintain Subrogation Action against Primary Insurer Even in Absence of Excess Judgment, Fifth Circuit Decides
The U.S. Court of Appeals for the Fifth Circuit, reversing a decision by the U.S. District Court for the Eastern District of Louisiana, has ruled that an excess insurer could maintain its subrogation action against the primary insurer based on the primary insurer's alleged bad faith failure to defend properly the common insured even in the absence of an excess judgment, where the excess insurer alleged that the primary insurer's bad faith failure to defend exposed the insured to excess liability and caused the excess settlement. Read More

View All Case Law Developments

Health Insurance

New Jersey Legislators Seek to Expand Mammogram Insurance Coverage for Adopted Women
Legislation to expand access to mammograms for adopted women in New Jersey by increasing insurance coverage has been released by an Assembly panel. Read More

In the States

Pet Insurance Bill Becomes Law in California
A pet insurance bill has been signed into law by California Governor Edmund G. (Jerry) Brown Jr., making California the first state in the nation with such a law. Read More

View All Legislative/Regulatory Developments
Fireman's Fund Adds Travel Insurance, Trust, and LLC Coverage Enhancements to Its Homeowner Insurance Offerings Read More

Stolen IDs Being Used to Steal Cars, National Insurance Crime Bureau Finds 
Read More

Tokio Millennium Re AG Announces New Director and Executive Management Appointments 
Read More

Dan Labrie Elected Chairman of the National Risk Retention Association 
Read More

Ascot and AIG Introduce AIG-Ascot Re Read More

View All Industry News
Form Analysis
Builders Risk Insurance


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

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018