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TODAY'S TOP DEVELOPMENTS Thursday, February 27, 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.


Employee Benefits
Second Circuit Applies "Reasonable Expectations of Insured" Doctrine in Supplemental Disability Insurance Case Brought by Ex-NBA Referees
The U.S. Court of Appeals for the Second Circuit, applying Pennsylvania law, has reversed a district court's decision dismissing a case against an insurance company. The circuit court found that the insureds under a supplemental disability insurance policy were entitled to have their policy reformed based on their "reasonable expectations" of the policy's provisions, even though they had not read the policy after they had received it. Read More

Automobile Insurance

"Resident of Your Household" Is Not Ambiguous, North Dakota Supreme Court Rules in "Step-Down" Endorsement Case
The North Dakota Supreme has ruled that a "step-down" endorsement reducing policy limits for a vehicle driven by a family member who was not a "resident" of the named insured's household was not ambiguous. The court then affirmed a trial court's decision that the named insured's daughter was not a resident of the named insured's household. Read More

Commercial General Liability
Alaska Supreme Court Affirms Dismissal of Malpractice Action against Insurance Broker on Statute of Limitations Grounds
The Alaska Supreme Court has affirmed dismissal of a malpractice action brought by an insured against an insurance broker on statute of limitations grounds, ruling that the limitations period had begun to run when the insured received a letter from the insurance carrier informing him that he should defend himself in a personal injury suit brought against him by an employee. Read More

Eye of the Experts
Bad Faith Compendium: Maryland
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 seventh installment of the compendium reviews bad faith law in Maryland. Read More

View All Case Law Developments

Health Insurance

California Bill Would Prohibit Gender-Based Pricing for Long Term Care Insurance Policies
A bill has been introduced in the California Assembly that would bar gender-based pricing for long term care insurance policies. Read More

Automobile Insurance

Michigan State Republicans Offer Broad Auto Insurance Reform Program 
Michigan House Speaker Jase Bolger (R-Marshall) and Republican members of the Michigan House are proposing a broad range of auto insurance reforms in an effort to reduce costs. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes Nelson Levine de Luca & Hamilton's Bad Faith Compendium: Maryland Read More

Mark Griffin Named Executive Vice President and Chief Risk Officer at The Phoenix Companies 
Read More

Travelers Adds New Broad Form Plus+ to Directors and Officers Liability Coverages Portfolio 
Read More

"Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz – Part III," is Published in FC&S Legal's Flagship Publication, the Insurance Coverage Law Report 
Read More

Anne Stevens Nominated to XL Group's Board of Directors 
Read More

View All Industry News

Legal Fees Not Covered by the BOP


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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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