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TODAY'S TOP DEVELOPMENTS Monday, August 18, 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
Insurers Need Not Defend Redbox in Privacy Cases, Court Rules
A federal district court in Washington has ruled that an insurance company did not have to defend an insured in lawsuits asserting violations of Michigan's Video Rental Privacy Act or California's Song-Beverly Credit Card Act. Read More


The Case of the Missing Packages: Third Circuit Rules that Insurers' Subrogation Claims Were Preempted by the Carmack Amendment
The U.S. Court of Appeals for the Third Circuit has ruled that the federal Carmack Amendment preempts all state law claims brought by insurance companies seeking compensation for the loss of or damage to their insured's goods shipped by a ground carrier in interstate commerce. It also found that the "true conversion" exception is an exception to the liability limiting features of the Carmack Amendment, not an exception to its preemptive scope. Read More

Automobile Insurance
How One Statement in an Examination Before Trial Doomed a Health Care Provider's Claim, as Assignee, Against a No-Fault Insurer
An appellate court in New York has reversed a trial court's decision in favor of a health care provider that sued a no-fault insurance carrier to recover benefits that had been assigned to it – all because of a single statement the assignor had made in an examination before trial. Read More

Workers Compensation
Sole Proprietor's Waiver of Workers' Comp Coverage for Himself, After Purchasing Coverage for His Business, Was "Knowing and Voluntary," Court Rules
A Kentucky court has upheld a decision by the Kentucky Workers' Compensation Board, affirming an administrative law judge's ruling, that a sole proprietor had knowingly and voluntarily waived workers' compensation coverage for himself after he purchased and paid for coverage for his business. Read More

View All Case Law Developments


Eight Caribbean Governments Insure Against Excess Rainfall
Eight members of the Caribbean Catastrophe Risk Insurance Facility – a not-for-profit risk pooling facility that is owned, operated, and registered in the Caribbean for Caribbean governments – have become the first countries to purchase excess rainfall insurance coverage for the 2014/2015 policy year. Read More

Health Insurance

New York City to Pay Over $1 Million to Resolve Medicaid False Claims Act Suit
New York City has agreed to pay the federal government $1.05 million to settle allegations that the New York City Human Resources Administration violated the federal False Claims Act by causing various insurance companies to provide health care coverage to individuals that it knew, or should have known, were ineligible to receive Medicaid benefits through New York State's Medicaid program. Read More

View All Legislative/Regulatory Developments
Insurance Lawyers Reidy, Serafin, McGaughey, Saka, and Alvarez Join Lowenstein Sandler from Dickstein Shapiro Read More

Philadelphia Insurance Companies Names Attorney Jane North Senior Vice President of Claims 
Read More

Prudential Retirement Completes Fourth Reinsurance Transaction with Rothesay Life 
Read More

Endurance Adds D&O Insurance Coverage to Network Security and Privacy Offering 
Read More

WellPoint to Change Name to Anthem, Inc. Read More

View All Industry News
Form Analysis
Auto Service Risks


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

View Entire August Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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