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TODAY'S TOP DEVELOPMENTS Tuesday, August 13, 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 Practice
Calculating the Amount in Controversy When an Insured's Complaint Limits the Damages Requested–But Also Seeks Punitive Damages
A federal district court in Pennsylvania, in an insurance coverage case that the defendant insurer had removed from a Pennsylvania state court, has issued a decision explaining how to calculate the amount in controversy when an insured's complaint limits the amount of damages requested to an amount below the jurisdictional minimum of $75,000 – but also seeks punitive damages. Read More

Professional Liability Insurance

Attorney's Fees Lawyer Ordered to Return to Ex-Client Were Neither a "Claim" Nor "Damages" Under Lawyer's Policy, Court Rules
A federal district court in Louisiana has ruled that a lawyer's professional liability insurance policy did not cover attorney's fees that a worker's compensation court ordered the attorney to return to a former client, concluding that the amount was neither a "claim" nor "damages" under the policy. Read More

Homeowner's Insurance
Dog Bite Case Does Not Allow Reformation Despite Mistaken View by Agent and Homeowner of Policy's Coverage, Massachusetts Supreme Court Holds
The Massachusetts Supreme Court has reversed the entry of partial summary judgment in favor of an insured ordering reformation of a homeowner's policy on the ground of mutual mistake where both the insurance company's agent and the homeowner mistakenly believed that the policy did not contain an "animal liability" endorsement that limited coverage to $25,000 per occurrence for claims arising from animal bites. Read More

Automobile Insurance
Circuit Reverses Dismissal of Insured's Suit Following Florida Supreme Court Ruling that PIP Recovery May Not Be Conditioned on Examination under Oath
Following a decision by the Florida Supreme Court that an insurer could not require an examination under oath as a condition to an insured's recovery of personal injury protection benefits, the U.S. Court of Appeals has reversed the district court's judgment of dismissal of the insured's complaint. Read More

View All Case Law Developments

Worker's Compensation

Illinois Prosecutors Obtain First Felony Conviction of Employer for Failing to Provide Worker's Comp Insurance
The Illinois Worker's Compensation Commission, in conjunction with the Cook County State's Attorney's Office Special Prosecutions Division and the Cook County Sheriff's Office, has secured the first felony conviction for failure to obtain worker's compensation insurance. Read More

Federal Actions

Insurance Agency's Assets Frozen by SEC, Alleging Fraud
The Securities and Exchange Commission has obtained a temporary restraining order and an emergency asset freeze in connection with what it alleged was a $4 million offering fraud and Ponzi scheme orchestrated by Steven B. Heinz and his company S.B. Heinz & Associates, Inc., a financial planning and insurance agency located in Provo, Utah. Read More

View All Legislative/Regulatory Developments
Christopher Zimmerman Joins National Life Group as Senior Counsel Read More

Marsh Names Steve Kempsey U.S. Casualty Leader 
Read More

Study Finds Poor Insurance Advice in India 
Read More

North P&I Club and Sunderland Marine Mutual Discuss Merger 
Read More

Agency Warns that Atlantic Hurricane Season is on Track to be Above-Normal – and Possibly Very Active 
Read More

View All Industry News

Coverage Analysis
CGL Coverage Form—Coverage B


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

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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