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TODAY'S TOP DEVELOPMENTS Wednesday, April 30, 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.


Employee Benefits
Court Upholds Insurer's Termination of Long Term Disability Benefits to Insured Who Had Pleaded "No Contest" to Operating His Vehicle While Impaired
A federal district court in Michigan has upheld an insurance company's decision to terminate long term disability benefits to an insured for injuries he had suffered in an automobile accident after learning that he had pleaded “no contest' to a charge of operating his vehicle while impaired. The court also upheld the insurer's decision to recover more than $20,000 in payments it had made to the insured.  Read More


Excess Insurer May Not Object to Bankrupt Company's Settlement with Insurer, Seventh Circuit Holds in Opinion by Judge Posner
The U.S. Court of Appeals for the Seventh Circuit, in an opinion by Judge Richard A. Posner, has ruled that a nonparty excess insurer of a bankrupt company was not a "party in interest" in the company's bankruptcy case that could object to its settlement of a dispute with one of its insurance carriers. Read More

Homeowners Insurance
Court Orders Trial on Whether House that Burned Down Had Been "Owner Occupied"
In a declaratory judgment action brought by a homeowner's insurance company, a federal district court in Kentucky has ruled that there was a genuine issue of material fact as to whether the insured home had been "owner occupied" before it had burned to the ground. As a result, the court denied the carrier's motion for summary judgment. Read More

Commercial General Liability
Court Says that Dispute as to which Insurer Must Provide Coverage to Defend a Nonexistent Lawsuit Was "Premature"
A federal district court in Colorado has dismissed a coverage dispute between two insurance companies, finding that it was "premature" because no underlying lawsuit against any insured had yet been filed. Read More

View All Case Law Developments


Freddie Mac Obtains $269.5 Million of Credit Risk Insurance Policies
Freddie Mac has announced that it has obtained insurance policies underwritten by a group of insurers and reinsurers that cover up to a combined maximum of $269.5 million of losses for a portion of the credit risk associated with a pool of single-family loans funded in the first quarter of 2013. Read More

Alternative Risk and Captives

AT&T Captive Licensed in Texas
The Texas Department of Insurance has licensed Gateway Rivers Insurance Company as a captive insurer under rules recently adopted to implement Senate Bill 734. Gateway Rivers is the wholly-owned captive insurance subsidiary of AT&T Inc. based in Dallas. Read More

View All Legislative/Regulatory Developments
Total Cost of Fire Up 34 percent from 1980, According to NFPA Report Read More

Lee Roth to Retire from Fireman's Fund Insurance Company; Joe Kinsey Named Her Successor 
Read More

FC&S Legal Publishes "Proposed GSE Reforms Could Subject Private Mortgage Insurers to Federal Approval Requirements" 
Read More

Steven A. Meyerowitz, Director of FC&S Legal and Editor-in-Chief of Its Flagship Publication, the Insurance Coverage Law Report, Focuses on "Insurance Coverage in TCPA Cases" 
Read More

Insurance Institute for Highway Safety & Intelligent Car Coalition to Discuss Liability for Automated Vehicle Incidents at Safety Event 
Read More

View All Industry News
In The Course of Employment


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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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