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TODAY'S TOP DEVELOPMENTS Friday, July 18, 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.

Health Insurance
Montana Supreme: No Policy Provision Prevented Insured from Receiving Duplicate Payment for Medical Expenses under Separately Purchased, Uncoordinated Insurance Policies
The Montana Supreme Court, reversing a trial court's decision, has ruled that an automobile insurance policy did not prohibit an insured from receiving payment for medical expenses that already had been paid by the insured's separate health insurance policy. Read More

Commercial General Liability
Washington Supreme: Adjudication of Duty to Defend Cannot be Delayed by Discovery
The Washington Supreme Court has ruled that that an adjudication of the duty to defend cannot be delayed by discovery. Thus, the court found, the trial court in this case had erred by delaying adjudication of the insured's summary judgment motion concerning the duty to defend until the insured complied with "potentially prejudicial discovery" in the underlying actions against it. Moreover, the Washington Supreme Court held, all discovery logically related to the underlying claims would have to be stayed until such claims were fully adjudic. Read More

Commercial Property
Superstorm Sandy in the Eastern District of New York: The Impact of Case Management Order No. 1
In a Superstorm Sandy case, a federal district judge in the Eastern District of New York has dismissed bad faith, punitive damages, and unjust enrichment claims brought by a policyholder against its insurance carrier, as provided by a case management order entered in the hundreds of Sandy cases pending in the district. The ruling highlights the overwhelming difficulties that policyholders will face when seeking to bring these kinds of claims in Sandy cases. Read More

Commercial General Liability
Employee Who Was Not a Member of Corporation's Board of Directors Was Not an Insured Under Its CGL Policy, Eighth Circuit Decides
The U.S. Court of Appeals for the Eighth Circuit, affirming a Missouri district court's decision, has ruled that an employee who was not a member of the insured corporation's board of directors was not an insured under its commercial general liability insurance policy. Read More

View All Case Law Developments

Health Insurance
Health Insurer Settles Charges It Denied Mental Health and Substance Abuse Treatment for Thousands of New Yorkers
New York City-based health insurer EmblemHealth, Inc., has reached a settlement with New York Attorney General Eric T. Schneiderman requiring the health insurer to reform its behavioral health claims review process, cover residential treatment, and charge the lower, primary care co-payment for outpatient visits to mental health and substance abuse treatment providers. Read More

Automobile Insurance
New York Trial Court Issues TRO Preventing Lyft from Operating in New York City
A trial court in New York City has issued a temporary restraining order against the scheduled New York City launch of the ridesharing service Lyft. Read More

View All Legislative/Regulatory Developments
Mark Hamelburg of Epstein Becker Green Named Senior Vice President of Federal Programs at America's Health Insurance Plans Read More

Litigator Tarron Gartner-Ilai Joins Insurance Coverage Boutique Firm Amy Stewart Law Read More

RIMS Executive Director Mary Roth Named President of the International Federation of Risk & Insurance Management Associations Read More

Greg Mosher, David Harris, and Lowery Robinson Launch New Specialty Insurance Group Read More

Commonwealth Fund Finds that After First ACA Enrollment Period, Uninsured Rate Dropped from 20 Percent to 15 Percent and Most are Happy with Coverage Read More

View All Industry News
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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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