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TODAY'S TOP DEVELOPMENTS Thursday, August 1, 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.


Health Insurance
When Health and Auto Insurance Collide: Michigan Supreme Court Limits Insured’s Right to "Double Recovery"
The Michigan Supreme Court has ruled that a person claiming personal protection insurance benefits under MCL 500.3114(5)(a) for injuries arising from a motor vehicle accident may not also recover an award for those same injuries under a health insurance policy that provided that it did not pay for services for which the insured legally did not have to pay. Read More

Worker's Compensation

Insurer May Not Withhold Portion of Employee's Worker's Comp Award to Offset Its Payment of Employee's Attorney's Fees, Massachusetts Supreme Judicial Court Holds
The Supreme Judicial Court of Massachusetts has held that a provision of the Massachusetts Workers' Compensation Act pertaining to attorney's fees, G.L. c. 152, § 13A(10), does not allow an insurer to withhold up to 22 percent of an employee's compensation award for specific injuries under G.L. c. 152, § 36, to offset the insurer's payment of the attorney's fees incurred by the employee. Read More

Flood Insurance
Fifth Circuit Asked to Decide Whether Federal Law Still Preempts State Misrepresentation Claims Involving Flood Policies
A federal district court in Texas has asked the U.S. Court of Appeals for the Fifth Circuit whether it would reconsider its holding in Campo v. Allstate Insurance Co., that federal law does not preempt state law claims grounded on misrepresentations made by a private insurance company during an insured's initial procurement of coverage under a Standard Flood Insurance Policy, in light of the subsequent contrary interpretation by the Federal Emergency Management Agency of the preemptive force of the National Flood Insurance Program. Read More

Professional Liability Insurance
"Make Whole Doctrine" Does Not Apply to Insurance Policy Deductibles, Connecticut Supreme Court Holds
The Connecticut Supreme Court has ruled that the "make whole doctrine" – which restricts the enforcement of an insurer's subrogation rights until after the insured has been made whole – is the default rule under Connecticut law, but that the doctrine does not apply to insurance policy deductibles. Read More

View All Case Law Developments


Thousands of Dead People May Have Received Millions in Farm Insurance Payments, GAO Report Finds
A U.S. Government Accountability Office report has found that the U.S. Department of Agriculture Risk Management Agency, which administers crop insurance programs, does not have procedures in place consistent with federal internal control standards to prevent potentially improper subsidies on behalf of deceased individuals. Read More

Insurance Fraud

11 New Guilty Pleas in Florida Staged Automobile Accident Scheme
Eleven more individuals have pleaded guilty to participating in what prosecutors have said was a staged automobile accident and fraudulent chiropractic clinic scheme that resulted in the theft of millions of dollars from Florida's automobile insurance companies and Florida drivers. Read More

View All Legislative/Regulatory Developments
ACE Appoints Eric Larson as Chief Compliance Officer and Ashley Mullins as Global Compliance Counsel Read More

Allstate's Dean Pappas Named to University of Maryland Law School Board of Visitors 
Read More

ISO Enhances Its Cyber Liability Insurance Program with Media Liability Coverage 
Read More

Alleghany Announces New Specialty Insurance Initiative under Leadership of Stephen Sills 
Read More

Consumer Awareness about Insurance Fraud Continues to Grow, Pennsylvania Study Finds 
Read More

View All Industry News

Riot or Civil Commotion Coverage August, 2013


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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