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TODAY'S TOP DEVELOPMENTS Wednesday, April 2, 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
Doctor Who Signed Property Agreement with Estranged Wife Could Not Change Beneficiary on Life Insurance Policy Days Before His Suicide
A federal district court in Pennsylvania has ruled that the estranged wife of a doctor who committed suicide was entitled to the proceeds of a life insurance policy on his life, notwithstanding his attempt to remove her as beneficiary, where the couple previously had reached a marital settlement agreement that allocated the policy to her. Read More

Structured Settlements

New York Court Refuses to Approve Transfer of Structured Settlement Payments, Finding It Was Not in Payee's Best Interests
A New York trial court has refused to approve the transfer of structured settlement payment rights from the payee to a purchaser, although the payee already had received payment from the purchaser, concluding that the transfer was not in the payee's best interests. Read More

Automobile Insurance
Nevada Supreme Court Gives Effect to Mississippi Auto Policy's Choice-of-Law Provision and Enforces Its "Household Exclusion"
The Nevada Supreme Court, in response to a question certified to it by the U.S. Court of Appeals for the Ninth Circuit, has ruled that Nevada's public policy did not preclude giving effect to a choice-of-law provision in an insurance contract that was negotiated, executed, and delivered while the parties resided outside of Nevada, even when the result would be to deny recovery under Nevada law to Nevada residents who were injured in Nevada because of the insurance policy's "household exclusion." Read More

Eye on the Experts
Bad Faith Compendium: New Jersey
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 12th installment of the compendium reviews bad faith law in New Jersey. Read More

View All Case Law Developments

Federal Actions

NHTSA Announces Final Rule Requiring Rear Visibility Technology
The U.S. Department of Transportation's National Highway Traffic Safety Administration has issued a final rule requiring rear visibility technology in all new vehicles under 10,000 pounds by May 2018. The NHTSA said that the new rule would enhance the safety of these vehicles by "significantly reducing the risk of fatalities and serious injuries caused by backover accidents." Read More

In the States

MetLife to Pay $60 Million to Settle Charges that Its Subsidiaries Violated NY Insurance Law
MetLife, Inc., has agreed to pay $60 million to settle charges that its subsidiaries American Life Insurance Company and Delaware American Life Insurance Company, which it acquired from American International Group in 2010, violated New York insurance law by soliciting insurance business in New York without a license. Read More

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

XL Group to Provide Kidnap and Ransom Insurance 
Read More

Allied World Approved to Launch New Managing Agency at Lloyd's 
Read More

Cell Phone Use Estimated to Be Involved in 26 Percent of All Motor Vehicle Accidents 
Read More

CNA Names Al Miralles President of Long Term Care 
Read More

View All Industry News
Form Analysis
Condominium Association Coverage Form


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

View Entire April Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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

FC&S Legal: The Insurance Coverage Law Information Center

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