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TODAY'S TOP DEVELOPMENTS Wednesday, July 9, 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
Papa John's Loses Bid for Coverage of Suit Alleging Text Messages Violated TCPA
A federal district court in Kentucky has ruled that a violation-of-statutes exclusion in commercial general liability insurance policies barred coverage of a class action lawsuit alleging that Papa John's International, Inc., and Papa John's USA, Inc., had unlawfully sent text messages to cell phones. Read More

Health Insurance
Illinois Supreme: Law Cutting Retired Public Employee Health Care Benefits is Unconstitutional
The Illinois Supreme Court has ruled that a law that eliminated statutory standards for the state's contributions to health insurance premiums for members of three of the state's public employee retirement systems violated the pension protection clause of the Illinois Constitution. Read More

Life Insurance
Allegations of Lunesta-Triggered Suicide Found Insufficient to Overturn Plan Administrator's Denial of AD & D Benefits
Reversing a decision by the U.S. District Court for the Middle District of Louisiana, the U.S. Court of Appeals for the Fifth Circuit has refused to overturn an employee welfare plan administrator's decision denying accidental death and dismemberment and supplemental life insurance benefits to an employee's widow who alleged that the sleep aid Lunesta had caused her husband to shoot and kill himself, entitling her to these benefits. Read More

Automobile Insurance
California Appeals Court Upholds Bad Faith Complaint in Uninsured Motorist Context Despite Insurer's Right to Demand Arbitration
An appellate court in California, reversing a trial court's decision, has ruled that an insured's bad faith complaint against its automobile insurance carrier, alleging that the insurer had not adequately investigated and evaluated his uninsured motorist benefits claim and had failed to attempt to negotiate a settlement despite clear evidence of liability, should not have been dismissed even though the insurer had a right to, and had, demanded arbitration of the insured's claim. Read More

View All Case Law Developments

Automobile Insurance
Massachusetts Motorcycle Owners to Receive $14.6 Million in Refunds through Settlement with Commerce Insurance
More than 40,000 Massachusetts motorcycle owners will receive a total of $14.6 million in insurance refunds as a result of a settlement the Massachusetts Attorney General has reached with Commerce Insurance Company to settle allegations that Commerce overcharged the insureds on their policies. Read More

Health Insurance
Kansas Insurance Commissioner Encourages Use of Health Insurance Policies' Smoking Cessation Services
Kansas Commissioner of Insurance, Sandy Praeger is encouraging consumers to check with their health insurance companies or employers regarding coverage for smoking cessation services and the specific benefits included in their policies. Read More

View All Legislative/Regulatory Developments
AXA Is Ranked as the #1 Global Green Insurance Brand in 2014 Read More

Symetra Life Insurance Company Completes Redomestication Plan Read More

Freedom Specialty Insurance Names Maria L. Duhart AVP of Commercial Surety Read More

Forrest E. Mills, Jr., of Guaranty Income Life Insurance Company Is Elected IASA President Read More

Wilton Re Completes Acquisition of Conseco Life Insurance Company from CNO Financial Read More

View All Industry News
Q & A
Property in Transit Coverage under Commercial Property Form

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View Entire July Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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 [email protected].
FC&S Legal: The Insurance Coverage Law Information Center
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