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TODAY'S TOP DEVELOPMENTS Friday, April 18, 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.


Trial Strategy
Can an Insured Name an Adjuster as a Defendant to Defeat Diversity?
In coverage actions, generally speaking, policyholders want to be in state court and insurance carriers want to be in federal court. Therefore, when an insured brings a state court suit against an insurer, it may face the risk of removal to federal court. An insured may attempt to preempt that by naming a non-diverse defendant. In these situations, can the non-diverse defendant be a claims adjuster? A recent decision by a federal district court in Texas explores that, highlighting the issues that both insureds and insurers should consider when faced with this situation. Read More

Professional Liability Insurance

Federal LRRA Preempts Application of New York's Direct Action Law to Arizona-Domiciled Risk Retention Group that Issued Policies in New York, Second Circuit Decides
The U.S. Court of Appeals for the Second Circuit has ruled that the federal Liability Risk Retention Act of 1986 preempts the application of New York Insurance Law Section 3420(a)(2) to a risk retention group that is domiciled in Arizona, but that issues insurance policies in New York. Read More

Workers Compensation
New Jersey Supreme: Worker Not Entitled to Workers Compensation Benefits for Injuries Sustained While Walking to Office from Employer-Provided Parking Garage
The New Jersey Supreme Court, reversing lower court decisions, has ruled that an employee was not entitled to workers compensation benefits for injuries she suffered while walking to her office from a parking spot in a garage paid for by her employer. Read More

Fire Insurance
Anatomy of an Arson Case
A decision by an appellate court in Michigan, affirming a jury's conviction of Audrey Devonne Pruitt on charges of arson of a dwelling home, burning of insured property, and insurance fraud, illustrates how fire investigators, insurance companies, and prosecutors put an arson case together. Read More

View All Case Law Developments

Automobile Insurance

California Insurance Commissioner Recommends that Uber, Lyft, and Sidecar Bear the Burden of Providing Insurance
Transportation network companies such as Uber, Lyft, and Sidecar should bear the insurance burden when they encourage non-professional drivers to use their personal vehicles to transport passengers for a profit, California Insurance Commissioner Dave Jones wrote in a letter to the California Public Utilities Commission. Read More

Alternative Risk and Captives

Texas Approves New Captive and Redomestication of Two Others
The Texas Department of Insurance has approved the formation of a new captive insurer and the redomestication of two other captive entities under new rules adopted to implement Senate Bill 734. Read More

View All Legislative/Regulatory Developments
Eight Partner Insurance Litigation Group Joins Sheppard Mullin Read More

Mayer Brown Study Shows Optimism about Insurance M&A Activity in 2014 
Read More

FC&S Legal Publishes Nelson Levine De Luca & Hamilton's Bad Faith Compendium: North Carolina 
Read More

Insurance Capacity in the Global Energy Markets Leaps to the Highest Level This Century, According to Willis Group 
Read More

ACE Establishes Global Cyber Risk Practice; Toby Merrill Appointed Division Senior Vice President for Cyber Risk and Privacy Coverages 
Read More

View All Industry News
Earthquake then Storm


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

View Entire April Insurance Coverage Law Report
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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

FC&S Legal: The Insurance Coverage Law Information Center

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