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TODAY'S TOP DEVELOPMENTS Thursday, August 15, 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.


Divided Circuit, Applying UCC to Foreign Check, Finds Coverage under Banker's Blanket Bond
The U.S. Court of Appeals for the Sixth Circuit, affirming a district court's decision, has ruled that an exclusion in a banker's blanket bond did not apply after finding that the Uniform Commercial Code governed to determine whether a check drawn on a Canadian bank had been "finally paid." Read More

Professional Liability Insurance

Circuit Affirms Ruling in Favor of Insurer Following Connecticut Supreme Court's Decision That "Make Whole Doctrine" Does Not Apply to Insurance Policy Deductibles
Following a decision by the Connecticut Supreme Court 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, the U.S. Court of Appeals for the Second Circuit has affirmed a decision by a federal district court and ruled that an insured may not claim reimbursement for the cost of its deductible until its insurer has been repaid in full. Read More

Automobile Insurance
When Dogs and Cars Don't Mix: No "Use" Found Where Woman Collided with Dog 20 Feet Away from Car in which It Had Been Riding
Another appellate court has weighed in on the issue of whether injuries allegedly caused by dogs that were in or, as in this case, had been in, a vehicle amounted to "use" of the vehicle sufficient to trigger insurance coverage. Affirming a trial court's decision in favor of the insurer, the appellate court found no coverage. Read More

Automobile Insurance
Insured's "Breach of Fiduciary Duty" Claim Was Subsumed by Statutory "Bad Faith" Claim, Court Rules
A federal district court in Pennsylvania has ruled that an insured's claim that its insurer had committed bad faith by breaching fiduciary duties it owed to him as an insured was subsumed by the insured's claim for statutory insurance bad faith and had to be dismissed. Read More

View All Case Law Developments

Automobile Insurance

New Illinois Law Removes Motor Vehicle Insurers' Notice Obligation for Policy Renewals, Reinstatements, and Reissuances
A new Illinois law has removed a notice obligation previously imposed on insurance carriers. Read More

Health Insurance

Heath Insurers Settle Claims Handling Charges with Missouri Department of Insurance for $1 Million
The Missouri Department of Insurance has reached a settlement with Time Insurance Co., Union Security Insurance Co., and John Alden Life Insurance Co. related to their coverage of health benefits required by state law. State insurance regulators alleged that the three health insurance companies that issue policies for Assurant Health violated Missouri law in how claims were being handled. Read More

View All Legislative/Regulatory Developments
P&C Insurers Are Among Top Holders of Muni Bonds, Report Finds Read More

Mark D. DeBofsky Opens Law Firm Focusing on Insurance Issues 
Read More

Flood Insurance Prices Surge 
Read More

The Hartford Broadens Professional Liability Offerings for Technology Companies 
Read More

Americans Back Higher Health Insurance Rates for Smokers 
Read More

View All Industry News

Radioactive Contamination Coverage


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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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