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TODAY'S TOP DEVELOPMENTS Monday, February 24, 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.


Life Insurance
Court Rejects Claim for "Accidental Death" Benefits Where Heart Disease Was At Least a "Contributing Factor" to the Insured's Death in Auto Accident
A federal district court in Massachusetts has granted summary judgment to an insurance carrier, finding that it was not liable for accidental death benefits where the evidence demonstrated that the insured's heart disease was at least a contributing factor to his death in an automobile accident. Read More

Commercial General Liability

Carbon Monoxide Leak into 2 Apartments Over 1 Evening from 1 Source Was a Single Occurrence, West Virginia Supreme Court Holds
The Supreme Court of Appeals of West Virginia, affirming a lower court's decision, has ruled that there was only one occurrence where plaintiffs alleged that they had been harmed by a carbon monoxide leak into two apartments in one building from a single source. Read More

Automobile Insurance
Declaratory Relief Alone Can Satisfy CAFA's $5 Million Amount-in-Controversy Requirement, Circuit Rules
The U.S. Court of Appeals for the Eleventh Circuit has ruled that the $5 million amount-in-controversy requirement in the federal Class Action Fairness Act ("CAFA") could be satisfied where the plaintiff sought only declaratory relief. Read More

Eye on the Experts
Bad Faith Compendium: Georgia
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. The sixth installment of the compendium reviews bad faith law in Georgia. Read More

View All Case Law Developments

In the States

Humana Insurance Agrees to $4.5 Million Settlement Following Market Conduct Investigation
The Humana Insurance Company has reached a regulatory settlement following a multistate market conduct investigation led by Missouri insurance regulators in collaboration with regulators from Mississippi and Wisconsin. Read More

In the States

Washington Insurance Commissioner to Hold Hearing on Proposed Consolidation of Western United Life Assurance
Washington State Insurance Commissioner Mike Kreidler will be holding a hearing at noon on February 25 to consider a consolidation request from Western United Life Assurance Company. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Litigator Erika Bright Joins Wick Phillips as Partner  Read More

CNA Appoints Christopher Leisz as Senior Vice President & Chief Underwriting Officer for Specialty  
Read More

Reaction Begins to NY Court of Appeals' New K2 Decision  
Read More

Pan-American Life Insurance Group Announces Retirement of Board Members John Kelly, Robert Pettit, Jr., and Redfield Bryan  
Read More

The Standard Promotes Dawn McMaster to Vice President of Individual Disability Insurance  
Read More

View All Industry News

Form Analysis
Commercial Crime Coverage Form


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

View Entire February Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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