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TODAY'S TOP DEVELOPMENTS Monday, August 4, 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.


Life Insurance
Federal Common Law Claims May Not Be Brought Against Insurer Under Servicemembers' Group Life Insurance Program, Court Rules
A federal district court in Indiana has dismissed federal common law claims brought against the sole insurance company and administrator for the Servicemembers' Group Life Insurance program, finding that those claims had been displaced by the statutory and regulatory scheme governing the program. Read More

Commercial General Liability

Insurer Had Standing to Bring DJ Action Against Its Insured's Other Insurer, Connecticut Supreme Court Rules
The Connecticut Supreme Court has ruled that an insurance company that was not a named insured or otherwise a party to its insured's other insurance policies had demonstrated "a specific, personal and legal interest in [those] policies" sufficient to give it standing to commence a declaratory judgment action against the insurer that had issued those policies. Read More

Automobile Insurance
Mississippi Federal Court Strikes Down Workers Comp Offset Provision in Auto Policy
A federal district court in Mississippi has ruled that a provision in a business auto policy prohibiting coverage for uninsured motorist claims that also were covered by workers compensation was unenforceable under Mississippi law. Read More

Homeowners Insurance
Relying on Policy Language, Rather than Statutes, Court Finds that Property Taxes Had Been "Delinquent for Two or More Years"
A federal district court in Michigan has ruled that an insurance carrier could rescind a homeowner's insurance policy on the ground that she had misrepresented at the time she applied for the policy that the property taxes were not delinquent "for two or more years." The court rejected the homeowner's argument that she had not misrepresented the nature of the taxes because one year's taxes had been delinquent for only sixteen months and a second year's taxes for only four months. Read More

View All Case Law Developments

Homeowners Insurance

Florida's Citizens Insurance Offers to Settle an Additional 600 Sinkhole Claims
Only weeks after agreeing to settle about 300 sinkhole claims, Florida's Citizens Property Insurance Corporation has made settlement offers to 600 additional policyholders. Read More

Health Insurance

California Insurance Department Finds that California Consumers Experienced Steep Health Insurance Rate Hikes in 2014
A California Department of Insurance analysis comparing 2013 and 2014 health insurance plan rates has found that the rate increases many Californians received in 2014 were even higher than in previous years. Read More

View All Legislative/Regulatory Developments
New Leadership Appointments at The Hartford Read More

Takeover Battle Ends as Endurance Terminates Offer to Acquire Aspen 
Read More

Jeff Canfield Appointed Senior Vice President of Excess Casualty at Aspen US Insurance 
Read More

Mechanic Shop Insurance Lines Now Offered By Business Insurance USA 
Read More

Fiona Le Poidevin Joins Channel Islands Securities Exchange as Chief Executive Read More

View All Industry News
Q & A
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View Entire August Insurance Coverage Law Report
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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, 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

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