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TODAY'S TOP DEVELOPMENTS Wednesday, June 11, 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.


Automobile Insurance
Louisiana Appeals Court Upholds Enforceability of BAC Exclusion in First-Party Property Case
An appellate court in Louisiana, reversing a trial court’s decision, has upheld the enforceability of a first-party collision coverage exclusion in an auto insurance policy for loss occurring to an insured vehicle while the operator was driving with a blood alcohol content above the legal limit. Read More

Automobile Insurance

Federal Court Limits “Lawsuit Limitations Clause” in Suit Seeking to Consolidate Claims against an Insurer for Arbitration
A federal district court in Minnesota has ruled that an auto glass repairer’s action to consolidate claims against an insurance company for arbitration was not barred by the lawsuit limitations clause contained in an insurance policy issued to the repairer’s customers. Read More

Workers Compensation
New Mexico Supreme Court Rules that Temporary Total Disability Benefits Can Be Payable for the Remainder of an Injured Worker’s Life
The New Mexico Supreme Court has ruled that temporary total disability benefits for injured workers under the New Mexico Workers’ Compensation Act can be payable during any period of total disability for the remainder of a worker’s life. Read More

Eye on the Experts
Bad Faith Compendium: Virginia
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 22nd installment of the compendium reviews bad faith law in Virginia. Read More

View All Case Law Developments

In the States

National Association of Insurance Commissioners Releases First Volume of New Insurance Department Resources Report
The National Association of Insurance Commissioners has released the first volume of the 27th edition of the Insurance Department Resources Report. Read More

Life Insurance

Additional Charges Brought in Alleged STOLI Scheme
Daniel Carpenter, of Simsbury, Connecticut, and Wayne Bursey, of Bloomfield, Connecticut, have been charged in a 57-count superseding indictment with various conspiracy, fraud, and illegal monetary offenses stemming from an alleged scheme to defraud insurance companies into issuing insurance policies on the lives of elderly people for the benefit of the defendants and other investors in an alleged stranger-originated life insurance scheme. Read More

View All Legislative/Regulatory Developments
Travelers Reveals Most Common Wedding Insurance Claim (and It is Not Cold Feet) Read More

Endurance Commences Exchange Offer to Acquire All Aspen Insurance Common Shares; Aspen Advises Shareholders to Take No Action 
Read More

Sun Life Study Shows Rise in Catastrophic Stop-Loss Claims of $1 Million or More 
Read More

Elliot Konschak Appointed President of OneBeacon Crop Insurance 
Read More

FC&S Legal Publishes “Citing Private Equity Concerns, New York Department of Financial Services Proposes Increased Scrutiny and Disclosure for Acquisitions of New York Domestic and Commercially Domiciled Insurers” Read More

View All Industry News
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Browse our entire library of over 2,500 insurance resources and forms.

View Entire June Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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