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TODAY'S TOP DEVELOPMENTS Monday, June 16, 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
Indiana Supreme: No Uninsured Motorists Benefits for Auto Damaged By Hit-and-Run Driver In Absence of Personal Injury
The Indiana Supreme Court, reversing an intermediate appellate court's decision, has ruled that an automobile insurance policy did not provide uninsured motorists coverage for property damage to the insured vehicle in an alleged hit-and-run accident where personal injury did not result to the insured vehicle's driver. Read More

Homeowners Insurance

Something There Is that Doesn't Love a Wall. But When that Something Is Not Unexpected, There Is No Occurrence
A federal district court has concluded that a homeowner's insurance carrier was not obligated to defend its insureds against an action alleging that a severely distressed retaining wall on their property posed a threat of collapsing and that the insureds had acted unreasonably by failing to remedy the problem, finding no "occurrence." Read More

Health Insurance
Dental Insurers May Recover Overpayments Made to Out-of-Network Dentists by Offsets Against Benefits Due on Unrelated Patients' Claims, New Jersey Appeals Court Rules
An appellate court in New Jersey has ruled that payers of dental insurance benefits may recover overpayments made directly to out-of-network dentists by offsetting the overpayments against benefits due on the claims of wholly unrelated patients. Read More

Commercial General Liability
Although Insurer Waived Coverage Defenses in TCPA Case by Failing to Issue Timely Reservation of Rights Letter, Court Finds No Duty to Indemnify Given Policies' Deductible
A federal district court in Missouri has ruled that an insurance carrier waived its coverage defenses by failing to issue a timely reservation of rights letter to its insured, who was sued in a class action for allegedly violating the federal Telephone Consumer Protection Act. The court also found, however, that the policies' $1,000 deductible applied on a per-claim and per-person basis and because the deductible exceeded the amount of damages that could possibly be awarded to a single class member in the underlying suit, the insurer owed no duty to indemnify. Read More

View All Case Law Developments

Automobile Insurance

California Proposes New Mandatory Insurance Requirements for Ride-Sharing Services
The California Public Utilities Commission is proposing new mandatory insurance requirements for drivers participating in ride-sharing services such as Uber and Lyft. Read More

In the States

Missouri Enacts Laws on Electronic Delivery of Insurance Documents and on "Storm Chasers"
Missouri Governor Jay Nixon has signed legislation that allows consumers the option of receiving notices and documents issued by mutual and life insurance companies electronically. Policyholders will have the option of viewing their policy information on the company's website or can elect to continue to receive a hard copy by mail at no additional cost. Read More

View All Legislative/Regulatory Developments
Prudential's Board of Directors Authorizes Share Repurchases Read More

1347 Property Insurance Holdings, Inc., Prices Public Offering of Common Stock 
Read More

Peter D. Hancock Named President and CEO of AIG 
Read More

FC&S Legal Publishes "Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad Faith Case" 
Read More

Symetra Names Harry Monti to Lead Group Life and Disability Income Insurance Operations Read More

View All Industry News
Third Party Over Actions


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

FC&S Legal: The Insurance Coverage Law Information Center

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