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TODAY'S TOP DEVELOPMENTS Wednesday, July 24, 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.


Life Insurance
Life Insurer Owed No Duty to Insured's Employer to Properly Maintain Designation of Beneficiary Forms
A federal district court in Illinois has ruled that a life insurance company owed no duty to an insured's employer (in this case, the U.S. government) to properly maintain designation of beneficiary forms. If that duty existed, the district court found, it ran to the insured and beneficiaries. Read More

Commercial General Liability
Court Dismisses Direct Action against Insurer where Plaintiff's Claim against Insolvent Insured Did Not Stem from an "Accident"
A federal district court in Pennsylvania has dismissed a direct action against an insurance carrier after finding that the plaintiff was not seeking damages for an "accident" but for the insured's allegedly faulty construction of her home. Read More

Homeowner's Insurance
Court Limits Statutory Refusal-to-Pay and Common Law Fraud Claims against Insurers under Missouri Law
A federal district court in Missouri has limited the ability of insureds to bring statutory vexatious-refusal-to-pay and common law fraud claims against insurers. Read More

Worker's Compensation
Absence of "Specific Request" for Coverage Dooms Insured's Claim against Agent
An appellate court in New York has reversed a trial court's decision and has dismissed a lawsuit against an insurance agent, finding that the plaintiff had not made a specific request for a certain type of coverage and, therefore, had not adequately set forth a case for negligence or breach of contract against the agent. Read More

View All Case Law Developments

Alternative Risk and Captives

Tennessee Issues License for Its 20th Captive
The Tennessee Department of Commerce and Insurance has licensed its 20th captive. Read More

Health Insurance
Individual Mandate Is Key to Affordability, Blue Cross and Blue Shield Association Asserts
On the heels of the recent vote by the House of Representatives to delay the Affordable Care Act's individual mandate provision, the Blue Cross and Blue Shield Association issued a statement asserting the importance of the individual mandate. Read More

View All Legislative/Regulatory Developments
Federal Court Interprets D&O Policy to Permit Coverage for False Claims Act and Qui Tam Actions Read More

Buying Cyber Insurance Protection in a Fast-Evolving Market
Read More

Marguerite Salazar Becomes Colorado's New Commissioner of Insurance
Read More

Carbon Monoxide and the Absolute Pollution Exclusion
Read More

Major Auto Insurers Charge Higher Rates to High School Grads and Blue Collar Workers, Report Finds
Read More

View All Industry News

Professional Liability Coverage versus General Liability Coverage


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

View Entire July Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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

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 on how to subscribe to FCS& Legal, please contact customer service at 1-800-543-0874 or

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