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TODAY'S TOP DEVELOPMENTS Wednesday, August 6, 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.


Workers Compensation
Nebraska Supreme Court Rules that Repetitive Trauma Injury Manifests on Date Employee Seeks Medical Treatment and Misses Work Due to the Injury
The Nebraska Supreme Court, adopting a bright-line rule, has decided that a repetitive trauma injury manifests on the date that an employee both seeks medical treatment and misses work due to the injury. Read More

Commercial General Liability

Insurer Had No Duty to Indemnify Insured Contractor in Absence of a Suit, California Appeals Court Confirms
An appellate court in California, affirming a trial court's decision, has ruled that an insurance carrier had no obligation to defend or indemnify its insured, a contractor, because a complaint had not been filed against the insured by the owner of an apartment complex where the insured's subcontractors allegedly had improperly installed defective shower stalls. Read More

Workers Compensation
North Dakota Supreme Court Finds that Injured Employees Must Comply with Non-Final Administrative Orders, Even While Appealing Them
The North Dakota Supreme Court, affirming a trial court's decision, has ruled that an administrative law judge had erred when it required North Dakota Workforce Safety & Insurance ("WSI") to continue providing a claimant with disability and rehabilitation benefits despite her failure to comply with a retraining program because WSI's previous order requiring her to participate in the retraining program had been appealed and had not been finally resolved at the time she withdrew from the retraining program. Read More

Business Owners
Policy's Exclusion for Splitting, Cracking, and Faulty Design Bars Coverage for 85-Year-Old Church's Ceiling Collapse
A federal district court in Michigan has ruled that a ceiling collapse in an 85-year-old church was not covered by the congregation's insurance policy because of the policy's exclusion for splitting, cracking, and faulty design. Read More

View All Case Law Developments

Federal Actions

Treasury Announces 21 Appointments to Federal Advisory Committee on Insurance
The U.S. Department of the Treasury has appointed twenty-one individuals to serve as members of the Federal Advisory Committee on Insurance. The committee provides advice to the Federal Insurance Office on issues related to the responsibilities and authorities of the office. Read More

Health Insurance

Illinois Insurance Department Warns Against Discrimination Based on Transgender Status or Gender Identity
The Illinois Department of Insurance has issued guidance clarifying that, under the Affordable Care Act and Illinois state law, health insurers may not discriminate based on gender identity and related medical conditions. Read More

View All Legislative/Regulatory Developments
XL Group Appoints Edward J. "Ned" Kelly to Its Board of Directors Read More

Reinsurance Group of America Names Todd C. Larson Chief Risk Officer 
Read More

CNA Completes Sale of Continental Assurance to Wilton Re Subsidiary 
Read More

Marine Insurance Survey Reveals Marine Directors' Assets at Risk, ICRM Reports 
Read More

Allied World Europe Announces Appointments of Alec Goodair and Nicholas Lee Read More

View All Industry News
Q & A
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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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