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TODAY'S TOP DEVELOPMENTS Friday, November 8, 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.


Automobile Insurance
"Stigma" Damages or "Diminished Value" Damages? A Washington Appellate Court Explains
A Washington appellate court, affirming a trial court's decision in favor of an insurance carrier, has rejected a policyholder's claim for "diminished value" damages under the underinsured motorist provisions of his automobile insurance policy, finding that he was seeking "stigma" damages, which were not covered by the policy. Read More

Commercial General Liability

Exclusion Bars Coverage of Claim by Independent Contractor's Employee against Insured, Delaware Supreme Court Decides
The Delaware Supreme Court has ruled that an "employee or independent contractor" exclusion barred coverage of a personal injury claim brought by the employee of an independent contractor against the insured. Read More

Commercial General Liability
11th Circuit: Statutory Employee under Florida Workers' Compensation Law Was Employee for Purposes of CGL Policy's Employer's Liability Exclusion
The U.S. Court of Appeals for the Eleventh Circuit has ruled that an employee for an insured's third-tier sub-contractor was a statutory employee of the insured and that, as a result, the employer's liability exclusion in the insured's commercial general liability insurance policy excluded coverage for claims brought by the employee's estate. Read More

Life Insurance
9th Circuit Finds that Insurer Could Rescind Doctor's Life Insurance Policy Based on Misrepresentations in His Application
The U.S. Court of Appeals for the Ninth Circuit, affirming a district court's decision, has ruled that an insurance carrier could rescind a life insurance policy it had issued to a doctor based on his misrepresentations in the application. Read More

View All Case Law Developments

Workers Compensation

Family Convicted for Workers' Compensation Insurance Fraud
Jeffrey Thranow, the owner of Costa Bella Builders in California, has been convicted of committing workers' compensation insurance premium fraud for his part in failing to report employees to his insurance carrier or to the California Employment Development Department. Read More

In the States

Rebecca Matthews Named Interim Chief of Staff of Florida Office of Insurance Regulation
Florida Insurance Commissioner Kevin McCarty has named Rebecca Matthews as interim chief of staff of the Office of Insurance Regulation. Read More

View All Legislative/Regulatory Developments
Finding Social Media a Critical and Growing Competency for the Insurance Industry, Liberty Mutual Creates Social Media Center of Excellence Read More

New York Legal Assistance Group Publishes Superstorm Sandy One Year Report
Read More

KPMG Appoints Gary Reader New Global Head of Insurance
Read More

Daniel O'Connell to Write War, Terrorism, and Political Violence in XL Group's New Crisis Management Team
Read More

Driverless Cars Study: One in Five Would Let Computers Do the Driving; Insurance Savings Could Propel Acceptance of Autonomous Cars
Read More

View All Industry News

Contractual Liability Insurance


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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].

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