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TODAY'S TOP DEVELOPMENTS Tuesday, January 7, 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.


Personal Umbrella
Court Rejects "Mere Teenage Horseplay" and "Too Intoxicated to Intend Harm" Arguments, Finding No Coverage
A federal district court in Minnesota has ruled that allegations that a teenage driver drank heavily, drove at high speeds on residential streets, and fled from the police were sufficient to allow it to determine that there was no coverage under an umbrella insurance policy issued to the teenager's father based on the policy's occurrence/intentional act provisions. Read More

Workers Compensation

Workers' Comp Insurer Not Entitled to Reimbursement for Portion of Third Party Settlement Attributable to Pain and Suffering
A federal district court in Rhode Island has ruled that a workers' compensation insurance carrier was not entitled to reimbursement for the portion of a third party settlement obtained by the employee that was attributable to pain and suffering because the insurer had not compensated the employee for pain and suffering. Read More

Attorneys Fees
Insurer that Defeated Insured's Bad Faith Action Is Awarded $129,413.31 in Attorneys' Fees
A federal district court in Arizona has awarded an insurance company $129,413.31 in attorneys' fees after its successful motion to dismiss and successful motion for summary judgment in a bad faith action brought by its insured.  Read More

Automobile Insurance
Insurers in Federal DJ Action Granted Protective Order against Discovery Sought by Third Parties Suing Their Insured in State Court
A federal district court in Georgia has granted a protective order to insurance companies that filed a declaratory judgment action, which order protects the insurers against discovery sought not by their insured, but by third parties suing their insured in a parallel state court case. Read More

View All Case Law Developments

Insurance Fraud

New York Awards Law Enforcers Nearly $4 Million to Fight Insurance Fraud and Motor Vehicle Theft
The state of New York will provide nearly $4 million in grant funding to 29 police departments, district attorneys' offices, and other agencies to combat insurance fraud and motor vehicle theft in the state. Read More

In the States

USAA Agrees to Provide Equal Insurance Benefits to Same Sex Spouses of Service Members in Massachusetts
United Services Automobile Association has reached a settlement of a lawsuit with Massachusetts Attorney General Martha Coakley in which it agreed to provide equal insurance benefits and membership to any same-sex currently unmarried widow, widower, or divorced spouse of a USAA member. Read More

View All Legislative/Regulatory Developments
Bermuda Monetary Authority Appoints Andrew Gibbs as Insurance Director Read More

Robert H. Coughlin, Jr., to Lead New York Bar Association's Torts, Insurance and Commercial Law Section
Read More

RIMS Introduces 2014 Officers and Directors
Read More

National Commercial Bank Jamaica Limited Launches Credit Card Insurance
Read More

American Family Insurance Finalizes Acquisition of Homesite Group
Read More

View All Industry News

BOP Coverage for Unfinished Hardwood Flooring Planks


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

View Entire December/January Insurance Coverage Law Report
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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

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