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TODAY'S TOP DEVELOPMENTS Monday, August 19, 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.


Automobile Insurance
South Carolina Supreme Court Holds that Collateral Source Rule Does Not Affect UIM Policy's "Other Insurance" Provision
The South Carolina Supreme Court has ruled that the collateral source rule on underinsured motorist property damage coverage where the homeowner's policy had already paid for the property damage did not apply and, therefore, there was no UIM property damage coverage available. Read More

Attorney's Fees

Acknowledging that Third Party Beneficiary of DJ Action May Be Entitled to Its Attorney's Fees, Appellate Court Refuses to Overturn Trial Court Decision Denying Award in This Case
A New Jersey appellate court has again acknowledged that a third party beneficiary of a declaratory judgment action may be entitled to recover its attorney's fees, without regard to its ultimate success in the litigation. In this case, however, the appellate court refused to overturn a trial court's decision denying the requested award, finding that the trial court had not abused its discretion. Read More

Attorney's Fees
North Carolina Court Upholds Limit on Attorney's Fees in Third Party Cases Related to Worker's Comp Claims
A North Carolina court has ruled that a cap on attorney's fees in worker's compensation cases also applied to related third party cases brought by the worker. Read More

Trial Strategy
Faulty Jury Instruction on Non-Cooperation Defense Leads to New Trial
A decision by the U.S. Circuit Court of Appeals for the Ninth Circuit finding that an insurer should have been estopped from asserting a non-cooperation defense – and the circuit court's conclusion that a new trial was required – is a reminder that insurance carriers and policyholder attorneys should pay heed to language that insurers use to explain the reasons they are disclaiming coverage and the coverage issues they are litigating. Read More

View All Case Law Developments

Insurance Fraud

Woman Charged with Insurance Fraud for Posing as Superstorm Sandy Victim
New York prosecutors and the New York Attorney General's Auto Insurance Fraud Unit alleged that Caterina Curatolo engaged in an elaborate scheme to defraud city and federal relief agencies, a private insurance company, and charitable organizations by representing herself as a Superstorm Sandy evacuee. Read More

Life Insurance

Life Settlement Fraud Leads Insurance Adviser to Prison for Over Eight Years
An investment adviser has been sentenced in federal court to 100 months in prison for his role in a $7 million fraud scheme that centered on steering clients into investments in "life settlements." Read More

View All Legislative/Regulatory Developments
Miami Lawyer Eugene G. Beckham Named Chair of ABA Tort Trial and Insurance Practice Section Read More

AIG Names Kevin Hogan Chief Executive Officer of Global Consumer Insurance 
Read More

Worker's Comp Implications of Obesity as a Medical Disease 
Read More

Managing Cyber Security as a Business Risk: Cyber Insurance in the Digital Age 
Read More

NAIC Report Includes Statistics on Premiums by State and Line of Business and Budget Information 
Read More

View All Industry News

Causes of Loss Forms


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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