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TODAY'S TOP DEVELOPMENTS Tuesday, May 26, 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
Motorcyclist Loses Bid for UM Benefits When Appeals Court Holds that “Wind Shear” from Passing Semi Did Not Make Physical Contact with Him
An Illinois appellate court, reversing a trial court’s decision, has ruled that wind shear from a passing semi-tractor trailer truck that allegedly propelled a motorcycle off the roadway did not constitute “physical contact” with the motorcycle under the owner’s motor vehicle insurance policy and, therefore, that the owner was not entitled to uninsured motorist benefits. Read More

Automobile Insurance

Motorcycle Passenger’s Status Did Not Change to “Pedestrian” After She Allegedly Was Ejected from Motorcycle and Injured, New York Appeals Court Decides
An appellate court in New York has affirmed a trial court’s decision that a motorcycle passenger who allegedly was ejected from the motorcycle was not entitled to first-party benefits as a pedestrian for injuries she alleged she suffered when the motorcycle subsequently landed on top of her. Read More

Automobile Insurance
Motorcyclist Finds No Coverage under Policies Insuring Other Vehicles Owned by Car Driver’s Family
An appellate court in Missouri, affirming a trial court’s decision, has ruled that a motorcyclist who allegedly was injured when he was struck by a car driven by the daughter of the couple who owned the car was not entitled to additional insurance coverage under policies that insured other vehicles owned by the daughter’s family. Read More

Employee Benefits
AD&D Policy Provided Benefits Only for Insured’s Death, Not for His Amputated Foot, Court Rules
A federal district court in Louisiana has ruled, in a case where an insured was injured, had his foot amputated, and later died from his injuries, that the beneficiaries under an accidental death and dismemberment insurance policy were entitled only to death benefits and not also to benefits for the insured’s loss of his foot. Read More

View All Case Law Developments

Federal Actions

DOJ Asks Court to Dismiss MetLife’s SIFI Suit
The U.S. Department of Justice has asked the U.S. District Court for the District of Columbia to dismiss the action filed by MetLife, Inc., challenging its designation as a non-bank systemically important financial institution under the Dodd-Frank Act. Read More

Health Insurance

New York Attorney General Proposes Comprehensive Contraception Coverage Act
New York Attorney General Eric T. Schneiderman has introduced “The Comprehensive Contraception Coverage Act of 2015,” which he said in a statement was aimed at “protecting and enhancing New Yorkers’ access to cost-free contraception” under the federal Affordable Care Act. Read More

View All Legislative/Regulatory Developments
Donald G. Southwell, Kemper’s Chairman, President, and CEO, to Retire in May 2016 Read More

Progressive Insurance Expands Definition of “Classic Car” 
Read More

Michael Mulray Joins Everest as Chief Underwriting Officer in the U.S. Read More

FC&S Legal Publishes “The U.K. Insurance Act 2015: Key Considerations” 
Read More

Insurance Coverage Attorney John Podesta Joins Wilson Elser’s San Francisco Office 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
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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