Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Tuesday, August 5, 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.


New York Anti-Subrogation Law Is Not Preempted by ERISA, Second Circuit Rules
The U.S. Court of Appeals for the Second Circuit, reversing a district court’s decision, has ruled that ERISA did not preempt claims that insurers were barred by a New York law from obtaining reimbursement of medical benefits from tort settlements. Read More

Workers Compensation

Minnesota Supreme Court Limits Employers’ Ability to Seek to Discontinue Permanent Total Disability Awards
The Minnesota Supreme Court, reversing a Minnesota Workers’ Compensation Court of Appeals decision, has ruled that an employer may not seek to discontinue paying workers’ compensation benefits to an employee who had been adjudicated permanently totally disabled. Read More

Automobile Insurance
10th Circuit Rejects Class Action Challenging UM/UIM Waiver Form on Ground that It Did Not Discuss Implications of Stacking
The U.S. Court of Appeals for the Tenth Circuit, affirming a district court decision, has ruled that New Mexico law did not require that an uninsured/underinsured motorist coverage waiver form provide the premium costs corresponding to the available levels of stacked coverage in order to be enforceable. Read More

Automobile Insurance
Auto Policy’s Definition of Employee Was Irrelevant to Issue of Whether Its Workers’ Comp Exclusion Barred Coverage, 11th Circuit Decides
The U.S. Court of Appeals for the Eleventh Circuit, affirming a district court’s decision, has ruled that an automobile policy’s definition of employee excluding temporary workers was irrelevant to the policy’s workers’ compensation exclusion, the applicability of which was determined by the definition of employee under Florida law. Read More

View All Case Law Developments

In the States

New Hampshire Insurance Commissioner Proposes to Cap Rates for Long Term Care Policies
New Hampshire Insurance Commissioner Roger A. Sevigny has proposed limiting rate increases for long term care policies in New Hampshire. Read More

Federal Actions

Broker Settles SEC Charges Relating to Variable Annuities, Agrees to Pay Over $850,000
Michael A. Horowitz, a Los Angeles-based broker, has settled charges brought against him by the Securities and Exchange Commission that he was the architect of a variable annuities scheme designed to profit from the imminent deaths of the terminally ill. Mr. Horowitz agreed to pay over $850,000, admit wrongdoing, and be barred from the securities industry. Read More

View All Legislative/Regulatory Developments
Liberty Mutual Insurance Introduces Trinity Towing Program Read More

Insurance Institute for Highway Safety Says Small Car Crash Ratings Run the Gamut 
Read More

Beechwood Re Hires Former Morgan Stanley Executive David Lessing 
Read More

Optimum Re Acquires Portfolio from Munich American Reassurance 
Read More

Oil Insurance Limited Increases Per Occurrence Limits to $400 Million Read More

View All Industry News
Form Analysis
Legal Liability Coverage Form


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

View Entire August Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018