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TODAY'S TOP DEVELOPMENTS Wednesday, July 31, 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.


Professional Liability Insurance
“Make Whole Doctrine” Does Not Apply to Insurance Policy Deductibles, Connecticut Supreme Court Holds
The Connecticut Supreme Court has ruled that the “make whole doctrine” – which restricts the enforcement of an insurer’s subrogation rights until after the insured has been made whole – is the default rule under Connecticut law, but that the doctrine does not apply to insurance policy deductibles. Read More

Homeowner’s Insurance

Trial Practice: Insurer’s Request to Delay Discovery until After Insured’s Deposition Is Rejected
A federal district court in Louisiana has rejected an insurance carrier’s argument that because documents requested in discovery had impeachment value, disclosure should be delayed until after the conclusion of the insured’s deposition. Read More

Automobile Insurance
No Coverage Where Maserati Was Stolen from Owner’s Driveway, in Violation of Endorsement Requiring that It Be Garaged
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court’s decision that an insurer was not obligated to pay for its insured’s stolen Maserati when he had breached the policy’s requirement that it be garaged when not in use. Read More

Unemployment Insurance
Employee Who Was Fired after Taking Computer Cord Home and Using Employer’s Cell Phone for Personal Calls is Denied Unemployment Insurance
A New York court has upheld a decision of the Unemployment Insurance Appeal Board that disqualified a claimant from receiving unemployment insurance benefits because her employment had been terminated due to misconduct. Read More

View All Case Law Developments

In the States

Florida Legislator John Wood Urges Property Insurance Reform
Florida is “one costly storm away from financial catastrophe caused by Florida’s state-run insurance market,” according to Florida legislator John Wood (R-Winter Haven). As a result, Legislator Wood, argued in an article in The Ledger, property insurance reform was “necessary.” Read More

Insurance Fraud

Former Insurance Agent Charged with Writing Fraudulent Insurance Policies
David Alan Price, a former insurance agent for Colonial Insurance, has been charged with one count of obtaining property by false pretenses. North Carolina prosecutors alleged that Mr. Price fabricated a company and filed 40 fraudulent applications for life insurance by listing himself, family members, and friends as employees. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Lawyers Join Carroll McNulty & Kull as It Expands into Philadelphia Read More

Marsh Private Client Services Appoints Kevin Tobin as CEO 
Read More

New Health Law Poses Risks to Medical Professional Liability Insurers, Panel Says 
Read More

Commercial Insurance Asset Recovery Firm Van Dinter Re-Brands as Altus Global Recovery 
Read More

Luxury Vehicle Thieves Prefer… 
Read More

View All Industry News

Accounts Receivable Does Not Include Lost Membership Dues


Browse our entire library of over 2,500 insurance resources and forms.

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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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