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TODAY'S TOP DEVELOPMENTS Tuesday, April 21, 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.


Automobile Insurance
Law Firm Partner "Thinking About Work" While Driving to the Office Was Not Working for Purposes of Firm's Business Auto Policy, Virginia Supreme Court Holds
The Virginia Supreme Court, affirming a trial court's decision, has ruled that a law firm's business auto policy did not cover a partner's use of his vehicle while commuting to work from home, even where the partner claimed to have been "thinking about work" during the commute. Read More

Professional Liability Insurance

Eleventh Circuit Reinstates Malpractice Insurer's Recoupment Action against Law Firm
The U.S. Court of Appeals for the Eleventh Circuit has ruled that the U.S. District Court for the Northern District of Georgia should not have dismissed a malpractice insurance company's complaint against a law firm, in which the insurer sought to recoup some or all of the $10 million that it had paid to settle a malpractice claim against the firm. The circuit court remanded so that the firm could answer the complaint and the parties could proceed to discovery. Read More

Trial Strategy
How the "Rule of Unanimity" Can Doom an Insurer's Efforts to Block Remand of a Declaratory Judgment Action to State Court
Insurance company defendants in a declaratory judgment action filed in a state court often seek to remove the action to federal court. The removal rules are relatively straightforward, but a recent decision by a federal district court in New York highlights how one requirement — the "rule of unanimity" — can lead a federal court to remand the action back to state court. Read More

Workers Compensation
Teaching Assistant Injured in University's Vehicle on Way Back from Conducting His Graduate Research Was Not Entitled to Workers Compensation Benefits, N.J. Court Rules
A New Jersey court has upheld a workers compensation judge's conclusion that a Ph.D. student and teaching assistant at Drexel University was not entitled to workers compensation benefits for injuries he had suffered on his way back from conducting his own graduate research in a Drexel vehicle, finding no connection between the accident and the teaching assistant's employment. Read More

View All Case Law Developments


NAIC Cybersecurity Task Force Adopts Regulatory Principles
The Cybersecurity (EX) Task Force of the National Association of Insurance Commissioners has adopted "Principles for Effective Cybersecurity Insurance Regulatory Guidance." Read More

Insurance Fraud

Two Charged with Causing Amtrak Train Collision, Filing Bogus Claims
Two men have been charged with conspiracy to commit mail and wire fraud, causing a train wreck, and unlawful interference with a train operator. Read More

View All Legislative/Regulatory Developments
Andrew J. Bowden to Succeed Thomas J. Meyer as General Counsel at Jackson National Life Read More

Progressive Insurance Survey Finds Nearly 80 Percent of Consumers Think Pricing Auto Insurance on Actual Driving is a Fairer Approach 
Read More

Insurance and Reinsurance Attorney Barry Leigh Weissman Joins Carlton Fields in Los Angeles Read More

Bill Wheeler, MetLife's President of the Americas, to Retire 
Read More

Former N.Y. State Insurance Superintendent Jim Corcoran to Head HC2 Insurance Unit Read More

View All Industry News
Championship Rings Are Business Personal Property


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

View Entire March / 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
Cort T. Malone, Anderson Kill, P.C.

Richard 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
Thomas F. Segalla, Goldberg Segalla
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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