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TODAY'S TOP DEVELOPMENTS Friday, August 22, 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.


The Case of the Missing Packages: Third Circuit Rules that Insurers' Subrogation Claims Were Preempted by the Carmack Amendment
The U.S. Court of Appeals for the Third Circuit has ruled that the federal Carmack Amendment preempts all state law claims brought by insurance companies seeking compensation for the loss of or damage to their insured's goods shipped by a ground carrier in interstate commerce. It also found that the "true conversion" exception is an exception to the liability limiting features of the Carmack Amendment, not an exception to its preemptive scope. Read More

Automobile Insurance

Battle of the Forms, Insurance Style: NY Appellate Court Confirms that Claim Submitted on Form NF–5, Not Form UB–04, Triggered No-Fault Insurer's Obligation to Act within 30 Days
An appellate court in New York, reversing a trial court's decision, has ruled that the 30 days in which a no-fault insurance company is obligated to respond to a health care provider's claim began to run when the provider submitted a "Form NF–5," not at the earlier time when it had sent a different form. Read More

Homeowners Insurance
Vermont Supreme Court Rejects Negligence Actions Against Insurers, Finding No Independent Duty of Care
The Vermont Supreme Court has rejected actions for negligence brought by insureds against their insurance carriers based on an independent duty of care, reasoning that the relationship between insurer and insured was fundamentally contractual, "defined and governed" by the coverage provisions in their insurance policy and the covenant of good faith and fair dealing implied therein. Read More

Automobile Insurance
"Hybrid" No-Fault Claim Requires Insurer Action within 30 Days, New York Trial Court Rules
A trial court in New York has ruled that once no-fault coverage is triggered by a motor vehicle accident, a no-fault insurer must timely pay or deny the claim within 30 days, even in cases where the insurer alleges that a part of the claim involves services not causally related to the accident. If the insurer fails to act within 30 days, the court also ruled, it is precluded from raising a general lack of medical necessity defense to the entire claim – and also is precluded from raising a coverage defense to that part of the claim that might not be casually related to the accident. Read More

View All Case Law Developments

Health Insurance

New York City to Pay Over $1 Million to Resolve Medicaid False Claims Act Suit
New York City has agreed to pay the federal government $1.05 million to settle allegations that the New York City Human Resources Administration violated the federal False Claims Act by causing various insurance companies to provide health care coverage to individuals that it knew, or should have known, were ineligible to receive Medicaid benefits through New York State's Medicaid program. Read More

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

View All Legislative/Regulatory Developments
Insurance Lawyers Reidy, Serafin, McGaughey, Saka, and Alvarez Join Lowenstein Sandler from Dickstein Shapiro Read More

States Spent $31 Billion to Insure Employees, Pew Report Shows 
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

Former Peabody & Arnold Insurance Coverage Counsel Benjamin Welch Joins Beazley 
Read More

Personal Lines Insurers Do Better in Small Business Customer Satisfaction than Commercial Lines Insurers, Survey Finds Read More

View All Industry News
Form Analysis
Apartment Building Owners


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

View Entire August 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, 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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