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TODAY'S TOP DEVELOPMENTS Friday, August 8, 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.


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


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

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

Automobile Insurance
The Widow's Lament: Missouri Supreme Court Applies "Owned-Vehicle" Partial Exclusion in Couple's Policies
The Missouri Supreme Court, affirming a lower court's decision, has ruled that the uninsured motorist ("UM") coverage available to the widow of a man killed in an automobile accident was limited by an "owned-vehicle" partial exclusion in the couple's policies, which limited coverage when an insured was injured while occupying a vehicle owned by the insured but not covered by the policy. The court concluded that although the widow was an insured, she was not entitled to UM coverage because she had not sustained bodily injuries, and the partial exclusion limited the coverage available for her husband's wrongful death. 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

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
Primary Texting Bans Associated with Lower Traffic Fatalities, Study Finds Read More

New Leadership Appointments at The Hartford 
Read More

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

Guardian Completes Premier Access Acquisition 
Read More

XL Group Appoints Edward J. "Ned" Kelly to Its Board of Directors Read More

View All Industry News
Other Protections against Personal Liability


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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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