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TODAY'S TOP DEVELOPMENTS Thursday, August 21, 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
Louisiana Sues State Farm Auto Insurance, Alleging Unsafe Auto Repairs
Louisiana Attorney General Buddy Caldwell has filed a lawsuit against State Farm Insurance alleging that the insurer has engaged in a pattern of unfair and fraudulent business practices aimed at controlling the auto repair industry and forcing unsafe repairs on vehicles without the knowledge or consent of Louisiana consumers. Read More

Automobile Insurance

Statute of Limitations on UIM Claim Begins to Run When Insurer Denies Claim for UIM Coverage, Kentucky Appeals Court Rules
Deciding an issue of first impression in Kentucky, a Kentucky appeals court has ruled that the statute of limitations begins to accrue on an underinsured motorist ("UIM") claim when the insurer denies a claim for such coverage. Moreover, the appellate court decided, although an insurer can shorten the limitations period by contract, Kentucky law operates to prevent a foreign insurer from relying on policy provisions that bar UIM claims filed less than a year from the accrual of the cause of action. Read More

Commercial Auto
Coverage for a "Deadly Criminal Rampage"? No
The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court's decision, has ruled that there was no coverage under an employer's commercial automobile insurance policy for what the circuit court characterized as a "deadly criminal rampage" by an employee who used the employer's vehicle, reasoning that the employer had not consented to its employee's use of its vehicle for that purpose. Read More

Homeowners Insurance
"Replacement Cost" First Requires "Replacement," Kentucky Court Explains
A federal district court in Kentucky has ruled that a homeowner was not entitled to "replacement cost" to rebuild a house that had been destroyed by fire where the homeowner never expressed any desire to actually rebuild the house. Read More

View All Case Law Developments

Automobile Insurance

On Day Uber Hires Former Obama Aide David Plouffe, Insurance Commissioners Warn Ridersharing Drivers and Consumers that They May Face an Insurance Coverage Gap
On the very same day that the ridesharing service Uber announced that it was hiring former Obama Administration official David Plouffe as senior vice president of policy and strategy, the National Association of Insurance Commissioners warned ridesharing drivers that they may face an insurance coverage gap. Read More

In the States

Massachusetts Division of Insurance Updates Regulation for Informed Consent by AIDS Patients in the Purchase of Insurance
The Massachusetts Division of Insurance has updated a regulation regarding how consumers' personal medical information may be collected and applied by health and life insurers. Read More

View All Legislative/Regulatory Developments
Dan Fitzpatrick and Jim MacKenzie Join Allied World as It Launches Property Line for Energy Risks in Canadian Market Read More

John Bissell Joins ACORD as Senior Vice President of Global Operations 
Read More

Alteris Launches New Insurance Program for Large Water-Related Entities in the U.S. 
Read More

Maynard Cooper & Gale Opens Office in San Francisco, Hires Litigator Christopher Rillo as Partner, and Names Drew Kitchen as Managing Partner 
Read More

Tower Group International Acknowledges It Is Not in Compliance with Nasdaq Listing Rules Read More

View All Industry News
The Microorganism Exclusion


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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, 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

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