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TODAY'S TOP DEVELOPMENTS Thursday, August 8, 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.


Trial Strategy
Sanctions for Discovery Violations Short of Dismissal Can Effectively Doom an Insured's Claims
It can be difficult for an insurance carrier to have an insured's coverage action dismissed where the insured violates discovery orders. However, a recent case suggests that it very well may be possible to persuade a court to impose sanctions on the insured that effectively can doom the insured's suit. Read More

Title Insurance

Insurance Carriers Can Be Held Liable for Agents' Violations of State Regulations, Washington Supreme Court Holds
The Washington Supreme Court has ruled that an insurance carrier was responsible for its agent's regulatory violations, pursuant to statutory and common-law theories of agency. The court declared that Washington law "forbids the insurer or its agent from certain conduct, it means that the insurer may not do indirectly-through its agent-what it may not do directly." Read More

Trial Strategy
When is an Insured's Coverage Suit Not "Ripe"?
A federal district court in New York has dismissed an insurance coverage case brought by an insured seeking "replacement costs," agreeing with the insurance carrier that the action was not "ripe." The decision highlights the need for all parties to consider ripeness issues, as reflected in insurance policies, at the early stage of an insurance coverage lawsuit. Read More

Consent to Settlement Clauses
Pennsylvania Court Sets Forth Standard for Evaluating Whether an Insured Must Honor Consent to Settlement Clauses
In The Babcock & Wilcox Co. v. Am. Nuclear Insurers, the Superior Court of Pennsylvania addressed the circumstances under which an insured, who does not have consent from its insurer, may settle a case without violating the insured's duty to cooperate when the insurance policy contains Consent to Settlement Clauses. This issue is important because almost all commercial insurance policies contain Consent to Settlement Clauses. Read More

View All Case Law Developments

Insurance Fraud

Jury Convicts 3 in Massive Long Island Rail Road Disability Insurance Fraud Scheme
A federal jury in New York has convicted a medical doctor, a former U.S. Railroad Retirement Board office manager, and a former Long Island Rail Road conductor and union president in connection with a massive disability insurance fraud scheme in which LIRR employees claimed to be disabled upon early retirement so that they could receive federal disability benefits to which they were not entitled. Read More

Federal Actions

GAO Report Finds Effects of Financial Crisis on Insurers and Policyholders Were "Generally Limited"
The GAO has issued a report, "Insurance Markets: Impacts of and Regulatory Response to the 2007-2009 Financial Crisis," addressing the effects of the financial crisis on the insurance industry. Read More

View All Legislative/Regulatory Developments
International Underwriting Association Launches New London Market Political Risks Group Read More

The Top 10 Employee Health Problems Are 
Read More

Deloitte Analyzes FASB's Exposure Draft on Insurance Contracts 
Read More

Universal Insurance Holdings Elects Frank Wilcox as CFO 
Read More

RIMS Report Advocates Reauthorization of Terrorism Risk Insurance Act 
Read More

View All Industry News

Coverage Analysis
MSO Businessowers Policy - BU 04 01 (Part I)


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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
[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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