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TODAY'S TOP DEVELOPMENTS Tuesday, July 30, 2013

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
Ninth Circuit Finds Insurer Bad Faith and Awards Attorney’s Fees
The U.S. Court of Appeals for the Ninth Circuit has reversed a district court’s decision and has ruled that an insurer that had disclaimed coverage to its insured as a result of its “unreasonable” interpretation of the policy’s “arising out of” language had acted in bad faith and had to pay the insured’s attorney’s fees. Read More

Worker’s Compensation

Texas Appellate Court, Applying Oklahoma – Not Texas – Law, Rejects Worker’s Comp Insurer’s Subrogation Claim
An appellate court in Texas has rejected a worker’s compensation insurer’s argument that Texas law applied to its subrogation claims and, applying the Oklahoma law in effect at the time of the employee’s death, has ruled that an insurer may not pursue its subrogation claim against the employee’s survivors. Read More

Automobile Insurance
Trial Practice: Appellate Court Reverses Judgment for Insurer Where Dismissed Party’s Name Remained on Verdict Form
An appellate court in Florida has ruled that a trial court erred in denying a request to remove a dismissed party from the caption on the verdict form. Accordingly, it reversed a decision in favor of an insurer and ordered a new trial. Read More

Automobile Insurance
Insurers’ Disclaimer Issued 10 Months after They Received Notice of Lawsuit Deemed Ineffective, Even Where the Notice Itself Was Untimely
A trial court in New York has ruled that because insurers had not provided an explanation for their 10 month delay in disclaiming coverage, their disclaimer was ineffective despite the fact that they had not received timely notice of the underlying lawsuit. Read More

View All Case Law Developments


Industry Reacts Favorably to Bill to Establish “Flexible” Capital Standards for Insurers
A bipartisan group of Senators has introduced S.1369, which would provide “flexibility” to the Federal Reserve to establish capital standards “properly tailored to the unique characteristics of the business of insurance.” Read More

Health Insurance

Maryland Approves ACA Health Insurance Rates that Are Among the Lowest in the Country So Far
Maryland Insurance Commissioner Therese M. Goldsmith has announced premium rates for individual health insurance plans designed to be sold through Maryland’s new health benefit exchange, Maryland Health Connection, beginning October 1, 2013, that are among the lowest of the states that have approved rates to date. Read More

View All Legislative/Regulatory Developments
Dennis R. McCoy Is New Chair of New York State Bar Association’s Committee on Association Insurance Programs Read More

Kurt M. Campbell Elected to MetLife’s Board of Directors 
Read More

Insurance Law Professor Tom Baker to be Honored by ABA 
Read More

XL Group and Stone Point Capital Form Company Focused on Reinsurance Capital Markets Products 
Read More

Aflac Japan and Japan Post Holdings Sign New Agreement to Expand Distribution 
Read More

View All Industry News

Building versus Structure


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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, 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, 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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