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TODAY'S TOP DEVELOPMENTS Wednesday, May 21, 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.


Workers Compensation
Is This the End of RICO? In Workers' Comp Cases in the Sixth Circuit, Apparently So
The U.S. Court of Appeals for the Sixth Circuit has affirmed dismissal of an employee's lawsuit under the federal Racketeer Influenced and Corrupt Organizations Act against insurers, claims administrators, and his employer in which he alleged that they had introduced false medical testimony to deny or at least diminish his (and others) workers' compensation benefits. The circuit court concluded that the alleged injury complained of by the plaintiff was not compensable under the act. Read More


New York Appeals Court Finds Ambiguity as to Losses Resulting from Backup or Overflow from Sewers, Drains, or Plumbing Systems
In an issue of apparent first impression in New York, an appellate court has found that an ambiguity existed in an insurance policy as to losses resulting from a backup and/or overflow from sewers, drains, and/or plumbing systems. Read More

Homeowners Insurance
No Coverage Where Hurricane Katrina Unmoored a Casino Barge and Carried It Into a Beachfront Home
An appellate court in Mississippi, affirming a trial court's decision, has ruled that a homeowner's insurance policy did not provide coverage for damage that occurred to a home when Hurricane Katrina unmoored a casino barge and carried it into the home. Read More

Eye on the Experts
Bad Faith Compendium: South Carolina
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 19th installment of the compendium reviews bad faith law in South Carolina. Read More

View All Case Law Developments

In the States

Nancy Egan Named Director of Government Relations for Maryland Insurance Administration
Maryland Insurance Commissioner Therese M. Goldsmith has appointed Nancy Egan as Director of Government Relations for the Maryland Insurance Administration. Read More

Health Insurance

Insurance Broker Pleads Guilty to Selling Bogus Health Insurance
An insurance broker who, prosecutors alleged, stole nearly $1 million while continuing to sell health care coverage he knew was fake has pleaded guilty in federal district court in New Jersey to an information charging him with conspiracy to commit wire fraud. Read More

View All Legislative/Regulatory Developments
XL Group Releases List of Artists to Exhibit Work at its Dublin Offices Read More

Andrew Deighton Is Appointed Global Head of Claims at Qatar Re; Michael Roth and Marc Tueller Are Promoted 
Read More

Enstar, Stone Point, and Torus Announce Senior Management Appointments 
Read More

Michele Sansone Named President of XL Group's North America Property Business 
Read More

Wharton and Chubb Establish High Net Worth Insurance Advisor Certification Program for Agents 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

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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