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TODAY'S TOP DEVELOPMENTS Wednesday, January 29, 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.


Commercial Property
State Insurer Is Subject to Bad Faith Suit, Florida Appeals Court Rules in Decision Conflicting with Another Appellate Opinion
A Florida appellate court, reversing a trial court's decision and creating a conflict with another appellate court decision, has ruled that a state insurance company is not immune from a policyholder's bad faith lawsuit. Read More

Professional Liability Insurance

New Jersey Appeals Court Limits Insurer's Right to Rescind Policy, Requiring Indemnification of Innocent Insureds for $1 Million Minimum Coverage Required By State Law
An appellate court in New Jersey has ruled that even though a medical malpractice insurance carrier could rescind a policy it had issued to a podiatrist, it still had to provide indemnification coverage for claims brought in a lawsuit against the podiatrist in the minimum amount – $1 million – required by New Jersey law. Read More

Commercial Property
"Per Claim" Rather than "Per Occurrence" Deductible Requires Assessing a Deductible for Each Condo Unit Allegedly Damaged by Water, Minnesota Court Rules
A federal district court in Minnesota has ruled that an insured had to pay a deductible for each unit in a condominium allegedly damaged by water, and not one deductible for all of the building's damages, where the insurance policy provided for a "per claim" rather than a "per occurrence" deductible. Read More

Eye of the Experts
Bad Faith Compendium: Delaware
Insurance bad faith law is like a quilt, a patchwork that varies from square to square – in this instance, common law decisions, statutes and codes that differ widely from state to state. Insurer conduct that is benign in one jurisdiction may rise to the level of bad faith conduct in another. In this compendium, the authors 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. In this third installment of the compendium, the authors review bad faith law in Delaware. Read More

View All Case Law Developments

Alternative Risk and Captives

29 New Captives Licensed in Vermont in 2013, Including Its 1,000th
In 2013, Vermont licensed 29 new captives, including its 1,000th captive in total, according to data released by the Vermont Captive Insurance Division. Read More

Insurance Fraud

Fraud Involving Woodmen of the World Life Insurance Leads to Long Prison Sentence
Scott Dees, who worked as an independent contractor for Woodmen of the World Life Insurance Company, a fraternal order based in Omaha, Nebraska, between 2001 and 2011, has been sentenced to 51 months in federal prison and ordered to pay $796,000 in restitution to his victims. Read More

View All Legislative/Regulatory Developments
Safety National Announces Retirement of Jerry Scott and Management Succession Plan Read More

Symetra Life Insurance Applies to Redomesticate from Washington to Iowa
Read More

Allied World Names Lou Iglesias as President of Its North America Operations
Read More

Motorists Insurance Group Restructures
Read More

Kevin O'Brien Becomes Senior Vice President of Insurance at Mutual Benefit Group
Read More

View All Industry News

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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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