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TODAY'S TOP DEVELOPMENTS Wednesday, April 16, 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
"Loss of Consortium" Is Not "Bodily Injury," Federal Court Rules
A federal district court in Oregon has ruled that an automobile insurance company was not obligated to compensate a husband for "loss of consortium" following his wife's injury where "bodily injury" as defined in the policy did not include loss of services. Read More

Commercial General Liability

Court Rejects Insurer's Bid to Reform Nightclub's Policy, After a Fight, to Add "Assault and Battery" and "Restaurants and Bars" Endorsements
A federal district court in Florida has rejected an insurance carrier's efforts to reform a commercial general liability insurance policy it had issued to a nightclub to add "assault and battery" and "restaurants and bars" endorsements that the insurer alleged had been omitted in error. The court found that the failure to have included those endorsements in the policy had been a unilateral mistake of the insurer, which it said it would not correct. Read More

Trial Strategy
Can an Insured Name an Adjuster as a Defendant to Defeat Diversity?
In coverage actions, generally speaking, policyholders want to be in state court and insurance carriers want to be in federal court. Therefore, when an insured brings a state court suit against an insurer, it may face the risk of removal to federal court. An insured may attempt to preempt that by naming a non-diverse defendant. In these situations, can the non-diverse defendant be a claims adjuster? A recent decision by a federal district court in Texas explores that, highlighting the issues that both insureds and insurers should consider when faced with this situation. Read More

Eye on the Experts
Bad Faith Compendium: North Carolina
Insurance bad faith law is like a quilt, a patchwork that varies from square to square - in this instance, common law decisions, statutes and codes that differ widely from state to state. Insurer conduct that is benign in one jurisdiction may rise to the level of bad faith conduct in another. The 14th installment of the compendium reviews bad faith law in North Carolina. Read More

View All Case Law Developments

Alternative Risk and Captives

DOL Approves Intel's Request to Fund Benefits in Its Captive
The U.S. Department of Labor has approved the application of Intel Corporation to fund its employee benefits in its captive. Read More

Insurance Fraud

California Insurance Agent Sentenced to Five Years for Ponzi Scheme Targeting Latino Seniors
Michael Zuno Zuniga, a licensed insurance agent in Fullerton, California, has been sentenced to five years in Los Angeles County Jail and ordered to pay $1.2 million in restitution for his participation in a Ponzi scheme targeting Los Angeles area seniors. Read More

View All Legislative/Regulatory Developments
Ironshore Personal Lines Adds Endorsement Option for High Net Worth Homeowners' Fine Art and Valuables Read More

Aspen Insurance Rejects Endurance Specialty Holdings' Acquisition Offer 
Read More

Insurance Capacity in the Global Energy Markets Leaps to the Highest Level This Century, According to Willis Group 
Read More

XL Group Promotes Michael Gramm to Manage Surplus Lines' Excess Business 
Read More

"Don't Take Any Wooden Nickels: Lawyers as Targets of Lucrative Scams" is Published in FC&S Legal's Flagship Publication, the Insurance Coverage Law Report 
Read More

View All Industry News
Insured Rents Hall For An Event


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

View Entire April Insurance Coverage Law Report
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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
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 ($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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