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TODAY'S TOP DEVELOPMENTS Friday, August 15, 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

Homeowners Insurance

Another Issue for People Still Living in Their Foreclosed Homes: Insurance Coverage May Be Void
The U.S. Court of Appeals for the Fifth Circuit, affirming a district court's decision, has ruled that under applicable Mississippi law an insurance company could rescind a homeowner's insurance policy where it had been renewed by homeowners after they lost ownership to foreclosure and the application indicated that the home would be owner occupied. Read More

Commercial Auto
In Case of First Impression, NY Appeals Court Rules that Employee Allegedly Injured in Accident with Co-Employee May Not Obtain Uninsured Motorist Benefits under Their Employer's Auto Policy
In a case of first impression, an intermediate appellate court in New York has ruled that an employee who was injured in a motor vehicle accident while in the course of her employment, and who was barred by the exclusive remedy provisions in the state's workers' compensation law from suing a co-employee based on negligence, was not entitled to supplementary uninsured/underinsured motorist benefits under her employer's automobile liability insurance policy. Read More

Health Insurance
Rejecting Self-Insurers' Arguments, Sixth Circuit Rules that ERISA Does Not Preempt Michigan's Health Care Tax
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by a federal district court in Michigan, has ruled that the Employee Retirement Income Security Act of 1974, or ERISA, does not preempt a Michigan law imposing a tax on claims paid to health care providers by carriers or third party administrators. Read More

View All Case Law Developments

In the States

NAIC Releases Second Volume of Insurance Department Resources Report
The National Association of Insurance Commissioners has released the second volume of the 27th edition of the Insurance Department Resources Report. 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
Insurance Research Council Study Finds a Declining Trend in the Percentage of Uninsured Motorists Read More

Former Treasury Insurance Sanctions Official David J. Brummond Joins DLA Piper 
Read More

Liberty Mutual Data Shows Parents Admit to Engaging in the Same Dangerous Driving Behaviors They Warn Their Children Against 
Read More

Insurance Executives Expect Significant Uptick in M&A Activity, KPMG Survey Finds 
Read More

Insurer Attorney Stevi Siber-Sanderowitz Joins Nelson Brown & Co. Read More

View All Industry News
Common Area Staircase Damaged


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
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

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