Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Thursday, January 2, 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
A Proof of Loss, and the Business Records Exception to the Hearsay Rule
The Rhode Island Supreme Court recently issued an interesting decision in a personal injury action involving the question of the admissibility of a proof of loss prepared after an automobile accident by an insured, who died before discovery and trial of the personal injury action. The decision by the Rhode Island Supreme Court offers important guidance on the business records exception to the hearsay rule when it involves insurance-related documents, and otherwise. Read More

Trial Strategy

Understanding the Direct Action Provision of Section 1332(c)(1) in Federal Lawsuits Against Insurers
To determine whether diversity of citizenship exists when a plaintiff sues an insurance company in federal court, one must consider the effect of 28 U.S.C. § 1332(c)(1), as a plaintiff learned in a recent case filed in the Eastern District of Michigan. Read More

Alternative Risk and Captives
Municipality's Post-Katrina Acts of Condemnation and Demolition Post-Katrina Were Not Multiple Occurrences, Circuit Court Holds
The U.S. Court of Appeals for the Fifth Circuit, upholding a district court's decision, has ruled that a Louisiana government's multiple acts of condemning and demolishing structures within its jurisdiction after Hurricane Katrina amounted to a single occurrence or a series of related occurrences such that the government's insurance policies' $250,000 retained limit applied only once. Read More

Workers Compensation
Michigan Appeals Court Overrules 20 Year Old Decision and Concludes that Worker Who Did Not Meet All 3 Statutory Criteria Was an Employee
A Michigan appeals court has overruled a 1992 decision and has decided that all three of the statutory criteria in Section 161(1)(n) of the state's workers' compensation law had to be met before an individual worker could be "divested" of "employee" status. Read More

View All Case Law Developments

Insurance Fraud

6 Charged with Filing More Than 1,000 False Windshield Repair Insurance Claims
Six individuals have been charged in California with filing more than 1,000 false insurance claims for windshield repair totaling nearly $100,000. Read More

Workers Compensation

California Business Owner to Serve 6 Years in Prison for Workers' Comp Premium Fraud and Is Ordered to Pay Millions in Restitution
Richard Lopez Escamilla Jr. has been sentenced by a California court to six years in prison for defrauding two insurance companies by underreporting employee payroll and unemployment insurance tax evasion. He also was ordered to pay restitution of nearly $4.2 million. Read More

View All Legislative/Regulatory Developments
Gerald B. Bushey Named President of Carolina Casualty Insurance Group Read More

Advantage Insurance Completes Recapitalization and Expands Board of Directors
Read More

USA Risk Group Appoints Paul Macey President of Offshore Operations
Read More

What's Wrong with Arbitration?
Read More

More Than One Quarter of Americans Surveyed Would Consider Moving To Get Better Health Insurance
Read More

View All Industry News

Federal Insurance Requirements for Property Motor Carriers


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

View Entire December/January 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 ($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 [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%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy

5081 Olympic Blvd
Erlanger, KY 41018