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TODAY'S TOP DEVELOPMENTS Tuesday, August 12, 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.


Personal Umbrella
In Decision with Potential Insurance Implications for Ridesharing Services, Appellate Court Finds that Car Was Not Being Driven for Business Purposes at Time of Accident
An appellate court in Illinois has ruled that an insurance carrier had not demonstrated the applicability of what the appellate court characterized as the business purposes "exclusion" in the insured's personal liability umbrella policy. The ruling very well may have implications for insurance coverage in cases involving ridesharing services such as Uber and Lyft. Read More

Employee Beneifts

Federal Employees Health Benefit Act Preempts "Any State Law that Prohibits Reimbursement," Kansas District Court Rules
A federal district court in Kansas has ruled that the Federal Employees Health Benefit Act preempts any state law that prohibits an insurance company offering insurance under FEHBA to obtain reimbursement from settlement payments received by an insured. Read More

Employee Benefits
Employees' Challenge to Supplemental Policies' "War Exclusion" Was Preempted By ERISA, Third Circuit Holds
The U.S. Court of Appeals for the Third Circuit, affirming a decision by a New Jersey federal district court, has ruled that state law claims in a lawsuit filed by two employees who had worked for defense contractors in Iraq – in which lawsuit the plaintiffs challenged a "war exclusion" contained in certain supplemental insurance policies that they had purchased – was preempted by the Employee Retirement Income Security Act of 1974. The Third Circuit concluded that the supplemental policies could not be unbundled from the plaintiffs' broader employer-provided ERISA benefits plan. Read More

Fire Insurance
Allowing Fire Chief's Testimony About Fire's Cause Was Error, Appeals Court Decides
A South Carolina appeals court has ruled that a trial court erred in admitting a fire chief's opinion testimony about the cause of a fire, finding that he was a non-expert. As a result, the appeals court reversed a jury's decision in favor of a homeowner against his homeowner's insurance carrier and the jury's award of over $500,000 in damages to the homeowner. Read More

View All Case Law Developments

In the States

Virginia Reaches Temporary Agreement to Allow Uber and Lyft to Operate
Virginia has reached an agreement with transportation network companies Uber and Lyft that will allow them to operate, at least temporarily, in Virginia. Read More

Health Insurance

Anthem BlueCross to Return Nearly $8 Million to Missouri Policyholders
The Missouri Department of Insurance has reached a settlement with subsidiaries of Anthem BlueCross BlueShield of Missouri pursuant to which the insurers will return $7.8 million to Missouri policyholders. Read More

View All Legislative/Regulatory Developments
Insurer Attorney Stevi Siber-Sanderowitz Joins Nelson Brown & Co. Read More

Katrine Nielsen Promoted to Manage XL Group's Environmental Insurance Business in Canada 
Read More

Forethought Life Insurance Expands Broker-Dealer Products with New Fixed Index Annuities 
Read More

AIG to Acquire UK Life Protection Carrier Ageas Protect 
Read More

"Are Insurers Always Entitled to Their Attorney's Fees and Costs for an Interpleader Action? In a Word, No," Is Published in FC&S Legal's Flagship Publication, the Insurance Coverage Law Report Read More

View All Industry News
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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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