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TODAY'S TOP DEVELOPMENTS Thursday, January 30, 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.


Automobile Insurance
Georgia Supreme: Statute of Limitations Does Not Bar Hospital from Suing Insurer of Person It Treated
The Georgia Supreme Court, reversing a lower court decision, has decided that a one-year statute of limitations did not bar a hospital from suing the insurer of a person it treated in an effort to collect on certain hospital liens where it brought suit within one year from the date of a signed settlement agreement and release. Read More

Crime and Employee Dishonesty

Gold Bullion: Parties "Purposefully Excluded Coverage" for Jewelry Store Employee's Bullion Theft, Illinois Court Rules
A federal district court in Illinois has ruled that a jewelry store was not entitled to coverage for theft of its gold bullion by an employee, concluding that the parties had "purposefully excluded coverage for bullion theft by an employee." Read More

Automobile Insurance
California Appeals: Insured's Loss Resulted from an Alleged Contract Breach, Not a Covered Collision
A California appeals court has ruled that an insured was not entitled to coverage under his own automobile insurance policy for losses he said he suffered because an auto repair shop failed to complete repairs to his car, which had been damaged in an auto accident, after having received payment from the other driver's insurer. Read More

Commercial Property
Insurable Interest: Property Manager with Right to Receive Only a Percent of Gross Income May Not Recover Cost of Repairing Hurricane Damage, 11th Circuit Holds
The U.S. Court of Appeals for the Eleventh Circuit, reversing a district court's decision, has ruled that Florida's insurable interest law precluded a property manager, whose sole interest in three apartment complexes damaged by Hurricane Wilma was its right to receive four percent of gross income, from recovering the cost of repairing the physical damage to the properties in excess of its revenue stream. Read More

View All Case Law Developments

Workers Compensation

New Mexico Bill Would Bar Workers' Comp Payments where "Alcohol or Drugs" Contribute to Injury or Death
A bill has been introduced into the New Mexico House by Republican Representative Dennis J. Roch that, if enacted, would bar indemnity or medical benefits under the state's workers' compensation act "in cases in which a contributing cause, to any degree, to the injury or death of a worker is the worker's intoxication." Read More

Workers Compensation

EMC Insurance Companies Settle with Missouri after Market Conduct Exams
Missouri insurance regulators have reached a settlement agreement with EMCASCO Insurance Company and Employers Mutual Casualty Company after market conduct examinations into their handling of workers' compensation insurance. Read More

View All Legislative/Regulatory Developments
Allstate's Elliot Stultz Recognized with the Out & Proud Corporate Counsel Award by the National LGBT Bar Association Read More

Charles D. Lake II Becomes President of Aflac International
Read More

ProAssurance Promotes Numerous Executives
Read More

USA Business Insurance Launches Two New Liability Programs for Optometrists
Read More

FC&S Legal Publishes Nelson Levine de Luca & Hamilton's Bad Faith Compendium: Delaware
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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