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TODAY'S TOP DEVELOPMENTS Tuesday, March 25, 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
Nebraska Supreme: Property Settlement Agreement Incorporated into Divorce Decree Establishes Ownership of Life Insurance Policies Although Beneficiary Had Not Been Changed
The Nebraska Supreme Court has enforced a property settlement agreement incorporated into a divorce decree that allocated an ex-husband's life insurance policies even where he had not changed the beneficiary from his former wife, notwithstanding the state's general rule that divorce did not affect a beneficiary designation in a life insurance policy. Read More

Health Insurance

Insurer Could Not Rely on Statutory Limitations Periods Applicable to Agents, Louisiana Appeals Court Holds
An appellate court in Louisiana, reversing a trial court's decision, has ruled that an insurance carrier sued along with its alleged agent could not rely on limitations periods contained in a state law that was applicable to agents, even where the insured's claims against the insurer were derivative of the insured's claims against the agent. Read More

Homeowners Insurance
Insurer's "Novel" Argument that It Could Not Be Sued for Bad Faith for Actions It Took after Policy's Suit Limitation Period Had Expired is Rejected
A federal district court in Washington has denied an insurance company's motion for summary judgment in a case asserting that it had acted in bad faith in denying an insured's claim after the policy's suit limitations period had expired, where the insurer still was considering the claim at that time. Read More

Life Insurance
Court Dismisses Claim that Owners of Single Premium Variable Life Insurance Policy Had Been Charged Excessive Interest on Policy Loan
A federal district court in Wisconsin has rejected claims by the owners of a single premium variable life insurance policy that they had been overcharged interest on a policy loan. Read More

View All Case Law Developments

In the States

Florida Senate Passes Bill Barring Insurers from Discriminating against Gun Owners
The Florida Senate has passed a bill that would prohibit insurance carriers from discriminating on the basis of gun ownership in personal lines property and personal lines automobile insurance. Read More

Health Insurance

Health Insurer Settles Charges It Wrongly Denied Mental Health Benefits to Thousands of New Yorkers
Schenectady, New York-based MVP Health Care has reached a settlement with New York regulators under which the health insurer will reform its behavioral health claims review process, cover residential treatment, and charge the lower primary care co-payment for outpatient visits to most mental health and substance abuse treatment providers. Read More

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

First Guard Insurance Acquired by Biglari Holdings 
Read More

Wilton Re to be Acquired by Canada Pension Plan Investment Board 
Read More

Peter R. Fisher Is New Director Nominee at AIG 
Read More

Allianz Global Corporate & Specialty Appoints Alexander Mack to its Board as Chief Claims Officer 
Read More

View All Industry News
California Earthquake Authority


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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
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

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