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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.


Professional Liability Insurance
Lawyer's Late Notice to Malpractice Carrier of Possible Claim Dooms Coverage
A New York trial court has ruled that a lawyer did not provide timely notice of a possible claim to his malpractice insurance carrier, and that the carrier therefore was not obligated to defend or indemnify the lawyer or his firm in a malpractice lawsuit brought by a former client. Read More

Automobile Insurance

Insurer Could Not Require EUO as Condition to Recovery of PIP Benefits, Florida Supreme Court Holds
The Florida Supreme Court, in response to a question of Florida law certified by the Eleventh Circuit Court of Appeals, has ruled that under Florida's personal injury protection statute, Section 627.736, Florida Statutes (2008), an insurer could not require an insured to attend an examination under oath as a condition precedent to the recovery of PIP benefits. The court confirmed its statement in Custer Medical Center v. United Automobile Insurance Co., 62 So.3d 1086 (Fla.2010), that "the Florida No–Fault statute is mandatory and does not recognize such a condition. It is therefore invalid and contrary to the statutory terms." A recent amendment to Section 627.736 now provides otherwise. The court, however, observed that the amendment did not take effect until January 1, 2013, and decided that the amendment did "not inform or control" its disposition in this case. Read More

Commercial Lines
No Coverage for Damages following Water Leak Allegedly Caused by Contractor Working on Sixth Floor Condominium
A federal district court in Texas has ruled that a contractor's insurance policy did not cover claims that he negligently performed work that led to a water leak and damage to a sixth floor condominium, deciding that the policy covered neither plumbing work nor work on a building over three floors in height. Read More

Automobile Insurance
Widow of Patrolman Shot by Another Officer When Suspect Drove His Car at Them Is Not Entitled to Uninsured Motorist Benefits, West Virginia's Top Court Rules
The Supreme Court of Appeals of West Virginia has affirmed a trial court's decision that a widow of a patrolman who was accidentally shot by another officer when a suspect drove his car at them was not entitled to underinsured motorist benefits. The court decided that the widow's claim did not arise out of "the ownership, maintenance, operation, or use" of the suspect's vehicle. Read More

View All Case Law Developments

In the States

TIAA-CREF Life Insurance Settles with Six States over Payments to Beneficiaries
Teachers Insurance and Annuity Association of America and TIAA-CREF Life Insurance Company have reached a settlement agreement with the insurance departments of California, Florida, Illinois, New Hampshire, North Dakota, and Pennsylvania requiring that it pay $6.2 million and implement business practices that use the Social Security Administration's death master file to promptly identify when a client has died, then locate and make payment to beneficiaries. Read More

In the States

Ex-State Farm Insurance Agent Charged with Swindling Policyholders
A former insurance agent has been charged in a federal indictment with stealing almost $2 million from policyholders. The former agent, Jason Matthew Pennington, was charged in a 51 count indictment alleging that the former State Farm Insurance agent had defrauded his customers and had lied to beneficiaries to cover up the thefts. The counts included wire fraud and attempted wire fraud, money laundering, attempted bank fraud, and making false statements to a financial institution. Mr. Pennington's father was charged with four counts of filing false tax returns. Read More

View All Legislative/Regulatory Developments
The Hartford to Sell Hartford Life to Berkshire Hathaway Read More

Thunderstruck! Average Lightning Claim Costs Up by 25 Percent, But Number of Claims Continues to Fall 
Read More

California Still a Hotbed for Hot Cars, NICB Report Finds 
Read More

U.S. RE Names Scott J. Bishop Senior Vice President 
Read More

XL Group Introduces Subcontractor Excess and Difference in Conditions for Environmental Services and Contractor's Pollution Coverages 
Read More

View All Industry News

Ask the Experts
Materials Held for Sale July, 2013


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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, Tressler 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 ($795 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 on how to subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or [email protected].

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