Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Monday, September 23, 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.


Commercial Property
Delaware Law Applies to Coverage Case Filed in California State Court that Was Removed to California Federal Court and Then Transferred to New York
A federal district court in New York has issued a decision on the law that applies to an insurance coverage dispute originally filed in a California state court that was removed to federal district court in California before venue was transferred to the New York federal district court. Read More

Commercial Property

Debt for Misappropriation of Insurance Proceeds Found Nondischargeable in Debtor’s Bankruptcy Case
The Bankruptcy Appellate Panel for the Eighth Circuit Court of Appeals has affirmed a bankruptcy court’s ruling that a debt owed to a bank for the misappropriation of insurance proceeds was nondischargeable in the debtor’s Chapter 7 bankruptcy case. Read More

Disability Insurance
Insurer that Accepted Late Payment and Reinstated Lapsed Policy Did Not Waive Right to Deny Coverage for Claim that Arose before Policy’s Reinstatement
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court’s decision that a disability insurance company that reinstated a lapsed policy after receiving a late payment had not waived its right to deny a claim that arose before the policy was reinstated. Read More

Commercial General Liability
NJ Supreme: Insurer Has Direct Claim for Contribution against Co-Insurer for Defense Costs Arising from Continuous Property Damage Litigation
The New Jersey Supreme Court has ruled that an insurer may assert, against a co-insurer, a claim for defense costs incurred in litigation that arose from property damage manifested over a period of several years, during which the policyholder was insured by successive carriers. It also found that a release negotiated by the insured and one insurer had no effect on the other insurer’s claim for contribution against the released insurer because the other insurer was not a party to that release. Read More

View All Case Law Developments

Homeowners Insurance

New York Proposes Substantial Reforms to Force-Placed Insurance
New York is proposing significant new rules to govern the force-placed insurance industry. Read More

Alternative Risk and Captives

Captive Insurers in Hawaii Reach $14 Billion in Assets
Hawaii-domiciled captive insurance companies completed calendar year 2012 with just over $14 billion in assets, as reported by the State of Hawaii insurance division. Read More

View All Legislative/Regulatory Developments
William Kennard Named to MetLife’s Board of Directors Read More

NHTSA Finds More Than a Third of Children Killed in Crashes Were Not in Car Seats or Wearing Seat Belts
Read More

Colonial Life Launches New Voluntary Group Short Term Disability Insurance Plan
Read More

Most U.S. Seniors Let Life Insurance Lapse, Survey Finds
Read More

Fireman’s Fund Insurance Company Names Eric Brandt Chief Claims Officer
Read More

View All Industry News

Loss of Use Claim


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

View Entire September 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
To ensure future delivery of email, please add [email protected]
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2013 Summit Professional Networks, All rights reserved. Privacy Policy

5081 Olympic Blvd
Erlanger, KY 41018