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TODAY'S TOP DEVELOPMENTS Thursday, May 28, 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.


Workers Compensation
Worker’s Comp Claimant May Aggregate Wages from Separate Jobs to Calculate Average Weekly Wage, South Dakota’s Top Court Rules in Case of First Impression
The South Dakota Supreme Court, in a case of first impression in the state, has ruled that a worker’s compensation claimant could aggregate her wages from three separate jobs in the calculation of her average weekly wage under South Dakota law. Read More

Health Insurance

Plaintiff May Introduce Medical Providers’ Bills, Not Just Amount Paid by Insurers, in Personal Injury Case, Montana Supreme Court Decides
The Montana Supreme Court has ruled that a trial court erred in restricting medical damages evidence that was admissible at trial, holding that a plaintiff in a personal injury action could introduce medical providers’ bills, and not just the amount paid by insurers. Read More

Claims Resolution
Class Action Was Not Mooted by “Full Satisfaction” Rule 68 Offer of Judgment Made Before Class Certification Motion, Arkansas District Court Holds
A federal district court in Arkansas, weighing in on a subject that has divided the U.S. Courts of Appeals, has ruled that an offer of judgment under Federal Rule of Civil Procedure 68 that was made before a motion for class certification, which offer would have provided full satisfaction of the named plaintiff’s individual claims, did not moot a class action. 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

View All Case Law Developments

In the States

New York’s Top Insurance Regulator, a/k/a the “Sheriff of Wall Street,” to Resign
Benjamin M. Lawsky, Superintendent of the New York Department of Financial Services, the New York agency that regulates insurance companies and banks, is resigning in late June after four years as the agency’s first superintendent. Read More

Health Insurance

Aetna to Pay Missouri $4.5 Million to Settle Allegations it Failed to Provide Required Autism Coverage
The State of Missouri has reached a $4.5 million settlement with Aetna Life Insurance Company and Aetna Health Insurance Company to resolve allegations that the companies failed to provide coverage for the diagnosis and treatment of autism spectrum disorders. Read More

View All Legislative/Regulatory Developments
Berkshire Hathaway Specialty Insurance Launches Crime Protection with Impersonation Endorsement in Canada Read More

Canopius Group Appoints Stuart Davies as CEO 
Read More

Cyberattack Strikes CareFirst BlueCross BlueShield, Affecting 1.1 Million Read More

AIG Acquires Controlling Stake in ING Employee Benefits Global Network 
Read More

John Y. Kim is Elected President of New York Life Read More

View All Industry News
Meaning of "Employee" under Crime Policy


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

View Entire May / June 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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