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TODAY'S TOP DEVELOPMENTS Tuesday, January 14, 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.


Excess v. Prime
Federal Court in Maryland Explores “Horizontal Exhaustion Rule” in Asbestos-Related Liability Case
In a decade old case involving Porter Hayden Company’s claim that National Union Fire Insurance Company of Pittsburgh, Pa., and American Home Assurance Company failed to indemnify Porter Hayden for asbestos-related liability claims, the U.S. District Court for the District of Maryland has issued an important decision on the insurers’ motion for partial summary judgment on horizontal exhaustion. Read More

Automobile Insurance

Policy’s Time Limit for Filing UM Suit Binds Passenger Riding in Insured’s Vehicle, Iowa Supreme Court Rules
The Iowa Supreme Court has ruled that a policy provision limiting the time to file an action to recover underinsured motorist benefits was binding on a passenger who was injured while riding in the named insured’s vehicle. The court concluded that the passenger, as an insured and a third party beneficiary of the policy, did not have greater rights than the policyholder. Read More

Automobile Insurance
1 Insured, 2 Insurers, 1 UM Arbitration Award. Can the Insured Demand a Jury Trial?
An appellate court in New Jersey, interpreting an arbitration provision in an automobile insurance policy, has rejected an insured’s demand for a jury trial where an arbitration award against two insurers in the aggregate exceeded the “amount of damages” entitling the insured to demand a jury trial, but the “amount of damages” payable by one of the insurers did not.  Read More

Eye on the Experts
Bad Faith Compendium: California
In this compendium, attorneys at Nelson Levine de Luca and Hamilton review more than a dozen states where bad faith issues most often arise and provide a synopsis of pre-litigation claims-handling standards, first- and third-party claim issues, insurance company defenses, procedural and discovery issues, and the scope of damages. The authors begin the series with a review of bad faith law in California, one of the country’s most volatile jurisdictions for insurance companies. Read More

View All Case Law Developments

Federal Actions

Want to Advise the Federal Insurance Office? Here’s Your Chance!
The U.S. Department of the Treasury is seeking applicants for membership on the Federal Advisory Committee on Insurance, which presents “advice and recommendations” to the Federal Insurance Office. Read More

Life Insurance

Two Charged in Alleged Stranger-Originated Life Insurance Scam
A federal grand jury in Hartford, Connecticut, has returned a 33 count indictment charging Daniel Carpenter of Simsbury, Connecticut, and Wayne Bursey of Bloomfield, Connecticut, with wire fraud, mail fraud, and conspiracy offenses stemming from an alleged “stranger-originated life insurance” scheme to defraud insurance companies into issuing insurance policies on the lives of elderly people for the benefit of the defendants and other investors. Read More

View All Legislative/Regulatory Developments
FC&S Legal Begins Publication of Nelson Levine de Luca and Hamilton’s Bad Faith Compendium Read More

Nicolaides Group Leaves Bates Carey to Form New Insurance Coverage-Focused Law Firm with California Group Led by Former Gordon & Rees Partner
Read More

Healthcare Services Group Appoints Jason J. Bundick General Counsel and Secretary, and Files for a Captive Insurance Subsidiary
Read More

Norton Rose Fulbright Promotes Insurance Litigator Eric Herzog to Partner
Read More

Sanford Weill Named Chairman of the Board of Hamilton Insurance Group
Read More

View All Industry News

Coinsurance Penalty Explained


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

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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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