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TODAY'S TOP DEVELOPMENTS Thursday, June 26, 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.


Commercial General Liability
Second Circuit Finds Insurer Was Obligated to Defend Insured Against Former Employee's ERISA Claims
The U.S. Court of Appeals for the Second Circuit, reversing a district court decision, has ruled that an insurance company was obligated to defend its insured in a suit in which the plaintiff alleged that the insured had misclassified her as an independent contractor rather than as an employee, thus depriving her of pension benefits under the insured's employee benefits plan. Read More

Commercial General Liability

Sixth Circuit Rejects Aggregation of TCPA Claims to Meet Amount-in-Controversy Requirement in DJ Action
The U.S. Court of Appeals for the Sixth Circuit has ruled that there was no diversity jurisdiction over a declaratory judgment action stemming from a class action lawsuit against the insured under the federal Telephone Consumer Protection Act, ruling among other things that the individual consumer claims against the insured could not be aggregated to meet the amount-in-controversy requirement. Read More

Professional Liability Insurance
Law Firm Is Entitled to Coverage of Claims Its Advertising Violated the Lanham Act, Court Rules
A federal district court in Missouri has ruled that claims that a law firm violated the Lanham Act in its advertising were excluded from the firm's professional liability insurance policy because the advertising did not arise out of the rendering or failure to render professional legal services. The court, however, then found that there was coverage of the underlying claims against the law firm because, otherwise, the policy coverage was illusory. Read More

Eye on the Experts
New York Appeals Court Sustains Asbestos Plaintiffs' Direct Suit against Liability Insurer of Dissolved Corporate Defendant
This article explains the implications of a recent New York appellate court case that addressed the question of whether an asbestos bodily injury plaintiff can directly sue the liability insurer of a dissolved corporate defendant. Read More

View All Case Law Developments

Federal Actions

Treasury Secretary Lew Supports SIFI Designation Power in Testimony to House Committee
Treasury Secretary Jacob J. Lew, in testimony before the House Financial Services Committee on the 2014 annual report of the Financial Stability Oversight Council, rejected the idea that the Council should not "ask questions about whether certain activities or companies might pose risks to the stability of the U.S. financial system" and said that the creation of the Council has led to "senior regulators from across the[ing] regularly to facilitate a more coordinated approach to monitoring, identifying, and responding to potential threats to financial stability." Read More

Insurance Fraud

Former North Carolina Insurance Agent Charged with Stealing Premiums
James Howard Ellington, of Raleigh, North Carolina, has been arrested and charged with 10 counts of obtaining property by false pretense. Read More

View All Legislative/Regulatory Developments
Aflac Releases New Rider for Accident, Disability, and Hospital Plans Read More

PetPremium Offers Enhanced Pet Insurance Coverage 
Read More

Validus Holdings to Acquire Western World Insurance Group 
Read More

Auto Insurance Satisfaction Reaches All-Time High, J.D. Power Report Says 
Read More

XL Group Appoints John E. Goodloe President of Excess & Surplus Lines Read More

View All Industry News
Secondary Loss


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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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