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TODAY'S TOP DEVELOPMENTS Tuesday, April 7, 2015

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.


Trial Strategy
The Insurer's Burden of Proof on a Material Misrepresentation Defense and Its Counterclaim for Statutory Fraud
The burden of proof imposed on an insurer in an insurance coverage/insurance fraud case often can determine the outcome. A recent decision by a U.S. magistrate judge on an insurer's material misrepresentation defense (asserted in connection with its denial of the insureds' claim) and on the insurer's counterclaim for statutory fraud illustrates the analysis undertaken by courts to determine the applicable burden of proof in these situations. Read More

Directors & Officers

Corporate Officer Found Personally Liable under Indemnification Agreement Required by Insurer that Issued Surety Bonds to His Company
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by a federal district court in Michigan, has ruled that a corporate officer who twice signed an indemnity agreement in favor of an insurance company that issued surety bonds to the company was personally liable to the insurer under the agreement. Read More

Automobile Insurance
Insurer Sufficiently Notified Insureds that PIP Reimbursement Would Be Limited to Medicare Fee Schedules, Florida Appeals Court Decides
An appellate court in Florida, reversing a trial court's decision, has ruled that policy language was sufficient to notify insureds that the insurer was using Medicare fee schedules to limit personal injury protection benefit reimbursements and that no "magic words" were required to provide such notice. Read More

Excess v. Prime
Excess Insurer Found Entitled to Damages from Primary Insurer Where Primary Insurer Settled Suit Against One Insured But Never Sought to Protect Second Insured
The U.S. Court of Appeals for the Eleventh Circuit, reversing a Florida district court's decision, has ruled that an excess insurer was entitled to damages from the primary insurer where the primary insurer settled a lawsuit against one of its insureds but "never sought to protect both of its insureds." Read More

View All Case Law Developments

Superstorm Sandy

FEMA Creates Superstorm Sandy Web Site to Inform Policyholders of "Sweeping Reforms"
The Federal Emergency Management Agency has created a web site to inform National Flood Insurance Program policyholders affected by Superstorm Sandy of new developments. Read More

In the States

Cigna V.P. Katharine L. Wade Becomes Connecticut Insurance Commissioner
Katharine L. Wade, the vice president of public policy, government affairs, and U.S. compliance at Cigna, has been chosen by Connecticut Governor Dannel P. Malloy to become commissioner of the Connecticut Insurance Department. Read More

View All Legislative/Regulatory Developments
GEICO Debuts Ridesharing Product in Maryland Read More

Captive Insurance Companies Association Re-Elects Scott Beckman Board Chair and Names New Officers 
Read More

Enrollment in Health Benefits through Towers Watson's Exchange Solutions Expected to Reach about 1.2 Million in 2015 Read More

Palomar Specialty Insurance Launches Residential Windstorm-Hurricane Insurance in Hawaii 
Read More

Collapse of an Insurance Empire Examined in the Wall Street Journal Read More

View All Industry News
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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, Rivkin Radler 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

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