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TODAY'S TOP DEVELOPMENTS Tuesday, July 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.


In Dispute with Excess Insurer, Insured Had Burden of Proving Allocation of Settlement Funds among Covered and Excluded Claims
An appellate court in Pennsylvania has ruled that an insured, in a dispute with its excess insurer, had the burden of demonstrating the portion of a settlement that was for covered claims and the portion of the settlement that was for claims that were not covered by the policy. Read More

Commercial Auto
"Leased" Driver Was Excluded from Coverage under Interstate Motor Carrier's Trucker's Policy, Court Holds
A federal district court in Tennessee has ruled that a trucker's policy did not cover claims asserted for the death of a "leased" driver, finding that the driver was an "employee" and the policy clearly excluded coverage for employees, and that the Federal Motor Carrier Safety Act did not require that employees be covered under the policy where the policy expressly excluded them. Read More

Homeowner's Insurance
Insured's Failure to Sit for EUO Dooms Claim, California Appeals Court Rules
An appellate court in California has affirmed a summary judgment ruling in favor of a homeowner's insurer where the insured had not completed an examination under oath, even though he had provided a recorded statement about his claim. Read More

Employee or Independent Contractor
Appellate Court Affirms Summary Judgment in Favor of Farmers Insurance on Independent Contractor Issue
A recent decision in a case involving Farmers Insurance would seem to be a key case to cite in any summary judgment motion over independent contractor status. Read More

View All Case Law Developments

Health Insurance

Competition under Affordable Care Act Cited as Reason for Drop in Health Insurance Premiums
Secretary Kathleen Sebelius of the U.S. Department of Health & Human Services has released a report that found that premiums in the health insurance marketplace will be nearly 20 percent lower in 2014 than previously expected. Read More

In the States
Connecticut Now Requires Insurers to Participate in Climate Risk Surveys
Connecticut-based insurance companies now are required to complete the annual Climate Risk Survey that was initially adopted in 2009 as a voluntary report by the National Association of Insurance Commissioners. Read More

View All Legislative/Regulatory Developments
Sun Life Finds Workers Are Concerned about Costs of Critical Illness Read More

Jane Barker Appointed Chair of Marsh Ltd.
Read More

Insurers Increasingly Look to Data Derived from Cars' "Black Boxes"
Read More

ACE Group Appoints Derek Talbott as Division President for North America Property and Specialty Lines
Read More

Prudential Group Insurance Offers Critical Illness Coverage Nationwide
Read More

View All Industry News

Riot or Civil Commotion Coverage


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

View Entire July 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, 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

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