Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Tuesday, January 6, 2015

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
Alabama Supreme: Default Judgment against Alleged Third-Party Tortfeasor Did Not Bind UM Insurer
The Alabama Supreme Court, reversing a lower court's decision, has ruled that a default judgment obtained by insureds against an alleged third-party tortfeasor was not binding on the insureds' uninsured motorist insurance carrier even where the carrier was a defendant in the insureds' action. Read More

Commercial Property

Tenth Circuit: Insurer that Cited "Advice of Counsel" in Settling Insured's Claim Waived Privilege in Subsequent Suit against Its Insurance Adjuster
The U.S. Court of Appeals for the Tenth Circuit, affirming the decision of a federal district court in Oklahoma, has ruled that an insurance company that cited "advice of counsel" to justify settling with its insured in the underlying action could not shield that advice in its lawsuit for implied equitable indemnity and negligence against its insurance adjuster. Read More

Homeowners Insurance
Dog Bites Woman Watching It for Vacationing Friends; Nebraska Supreme Court Finds She Was Excluded as an Insured as "Legally Responsible" for the Dog
The Nebraska Supreme Court, affirming a trial court's decision, has ruled that a woman who alleged that her friends' dog bit her while she was watching it at their home during their vacation was an "insured" under their homeowners insurance policy and, therefore, not entitled to recover under the policy for the losses she claimed. Read More

Professional Liability Insurance
11th Circuit Upholds Insurer's Contention that Policy Was Cancelled Before Insurer Received Notice of Claim
The U.S. Court of Appeals for the Eleventh Circuit, interpreting the cancellation provisions of a professional services liability insurance policy and Florida law, has ruled that the policy had been cancelled before the insurer had received notice of a claim against its insured. Read More

View All Case Law Developments

Terrorism Risk Insurance

New York Seeks "Non-Renewal" and Other Information from Insurers in Light of Congress' Failure to Renew TRIA
With the expiration of the Terrorism Risk Insurance Program, the New York State Department of Financial Services has asked insurance companies to provide a wealth of information "to better assess the pending damage — economic and otherwise — from the [December 31, 2014] expiration" of the Terrorism Risk Insurance Program Reauthorization Act of 2007. Read More

In the States

Montana Blue Cross Settles Consumer Complaints Charges for $1 Million, Including a $500,000 Contribution to Montana State University Foundation
Blue Cross and Blue Shield of Montana has reached a settlement with Montana's Office of the Commissioner of Securities and Insurance ("CSI") over the CSI's contention that Blue Cross had violated Montana Insurance Code Section 33-1-315(5) by failing to "timely and fully respond to the CSI" when the CIS contacted it regarding consumer complaints. Read More

View All Legislative/Regulatory Developments
Jerold Oshinsky Named One of 50 "Litigation Trailblazers & Pioneers" by The National Law Journal Read More

Social Security Claimants' Law Firm Binder & Binder Enters Bankruptcy 
Read More

6 Must-Read Articles About Uber, Airbnb, and Insurance 
Read More

ISO Conditional Terrorism Endorsements to Come into Play with TRIA's Lapse 
Read More

New York Life to Acquire Large Block of Participating Whole Life Insurance through Reinsurance Agreement with John Hancock Read More

View All Industry News
Coverage for a Mortgagee


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

View Entire December 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, 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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
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%%.
©2015 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018