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TODAY'S TOP DEVELOPMENTS Tuesday, August 19, 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.


Automobile Insurance
Battle of the Forms, Insurance Style: NY Appellate Court Confirms that Claim Submitted on Form NF–5, Not Form UB–04, Triggered No-Fault Insurer's Obligation to Act within 30 Days
An appellate court in New York, reversing a trial court's decision, has ruled that the 30 days in which a no-fault insurance company is obligated to respond to a health care provider's claim began to run when the provider submitted a "Form NF–5," not at the earlier time when it had sent a different form. Read More

Commercial General Liability

Publication Exclusion Bars Coverage for Damages Allegedly Resulting from Insured's Controller's Submission of False Statements to Insured's Bank
A federal district court in Ohio has ruled that a commercial general liability insurance policy's "publication exclusion" barred coverage for an insured company's claim that it had been libeled or disparaged by its controller's submission of false statements regarding its financial position to its lender. Read More

Workers Compensation
Florida Workers' Compensation Law Found Unconstitutional in Absence of Ability to Obtain Permanent Partial Disability Benefits
A trial court in Florida has ruled that the state's workers' compensation act is unconstitutional because it does not provide for permanent partial disability benefits. As a result, the trial court decided, the law was no longer an adequate exclusive remedy to replace common law tort actions against employers. Read More

Employee Benefits
Court Approves Attorney's Fee of $600 Per Hour in Short Term Disability Case
A federal district court in California has approved an attorneys' fee to a prevailing employee in a short term disability case of $600 per hour. Read More

View All Case Law Developments

Health Insurance

Oregon Insurance Division to Clarify Coverage of Autism Treatment
The Insurance Division of the Oregon Department of Consumer and Business Services has announced that it will begin drafting a bulletin to clarify insurers' responsibility to cover Applied Behavior Analysis therapy as a treatment for autism. Read More

In the States

NAIC Executive Committee Adopts XXX/AXXX Reinsurance Framework
The Executive Committee of the National Association of Insurance Commissioners has adopted the XXX/AXXX Reinsurance Framework, which furthers an action plan to develop proposed changes to the insurer/captive regulations specific to XXX/AXXX transactions. Read More

View All Legislative/Regulatory Developments
Swiss Re Corporate Solutions Names Robley Moor as Head of Casualty North America; Daniel Vetter Becomes Global Head of Casualty Read More

Hallmark Financial Services Appoints Naveen Anand as Chief Executive Officer 
Read More

Personal Lines Insurers Do Better in Small Business Customer Satisfaction than Commercial Lines Insurers, Survey Finds  
Read More

Jeremy Isaacs Joins Endurance International Professional Lines Insurance  
Read More

States Spent $31 Billion to Insure Employees, Pew Report Shows Read More

View All Industry News
Property Damage Caused by Riding Lawnmower


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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