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TODAY'S TOP DEVELOPMENTS Friday November 14, 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.


Trial Strategy
In Louisiana, the Time to Add a Defendant in Workers' Comp Cases Generally is Before Judgment
The procedural rules relating to workers' compensation claims must be carefully considered by counsel before and during the pendency of an action, as a decision by a Louisiana court makes clear. Read More

Superstorm Sandy

Citing "Startling Findings," Magistrate Judge in Superstorm Sandy Cases Sanctions Insurer and Its Counsel and Broadly Expands Discovery in All Sandy Cases
U.S. Magistrate Judge Gary R. Brown of the Eastern District of New York, citing "startling findings" of "reprehensible gamesmanship by a professional engineering company that unjustly frustrated efforts by two homeowners to get fair consideration of their claim" following Superstorm Sandy – and evidence that "these unprincipled practices" may be widespread, and may have similarly affected "hundreds" and "possibly more" Sandy flood insurance claims – has sanctioned an insurer and its counsel, and has significantly broadened discovery in all Sandy cases in the district. Read More

Homeowners Insurance
Son Who Moved Out of Parents' Home to Join the Air Force, Later Going to College, Was Not an Insured on Their Policy
An appellate court in Wisconsin has ruled that a son who graduated from high school, joined the Air Force, and then went to college, where he allegedly injured a person at a ski resort, was not an insured on his parent's homeowners' insurance policy because he had not moved out of his parents' home to attend school. Read More

Employee Benefits
Insurer Must Pay Accidental Death Benefits Even Though Deceased Insured "Would Not Have Drowned But For a Seizure"
A federal district court in Pennsylvania has rejected an insurance company's conclusion that a policy exclusion barred payment of an accidental death benefit where the insured drowned in his bathtub, even though he "would not have drowned but for a seizure." Read More

View All Case Law Developments

Workers Compensation

Florida Insurance Department Rejects NCCI's Workers' Compensation Rates
Florida's Office of Insurance Regulation has notified the National Council on Compensation Insurance ("NCCI") that its proposed 3.3 percent overall decrease in workers' compensation rates in Florida as filed had been disapproved. The Florida regulator said that NCCI, which files on behalf of approximately 250 workers' compensation insurers with Florida policyholders, could re-file an overall rate reduction of 5.2 percent instead. Read More

In the States

AIG to Pay $35 Million to Settle Allegations Its Former Subsidiaries Violated New York Insurance Law
American International Group, Inc., has reached an agreement with the New York Department of Financial Services under which AIG will pay $35 million to settle allegations that its former subsidiaries American Life Insurance Company and Delaware American Life Insurance Company violated New York insurance law. Read More

View All Legislative/Regulatory Developments
MetLife Names Michael A. Zarcone Executive Vice President Read More

Hudson Insurance Group Acquires Surety Business Portfolio  
Read More

Richard Lavey Becomes President of Personal Lines at The Hanover Insurance Group 
Read More

Chicago City Treasurer Stephanie D. Neely to Join Allstate as Vice President of Treasury 
Read More

Berkshire Hathaway Specialty Insurance Enhances Contractor's Primary General Liability Practice Policies  Read More

View All Industry News
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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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