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TODAY'S TOP DEVELOPMENTS Tuesday, August 20, 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 Strategy
When Are an Insured's Counsel's Communications Prepared in Anticipation of Litigation?
Pre-trial discovery disputes in insurance coverage litigation frequently involve a policyholder's efforts to obtain documents prepared by an insurance carrier's attorney on the ground that they are not protected by the work-product privilege. A new decision by an Indiana magistrate judge analyzes the work-product privilege in a first-party dispute in which an insurer sought to obtain communications involving its insured's counsel. Read More

Health Insurance

"Basic Denial of Insurance Coverage" under Long Term Care Policy Does Not Qualify as Statutory "Financial Elder Abuse," California District Court Holds
A federal district court in California has dismissed a claim brought under a long term care insurance policy for statutory "financial elder abuse," ruling that a "basic denial of insurance coverage" was never contemplated as a form of "financial elder abuse." Read More

Employee Benefits
Disability Policy's "Satisfactory to Us" Language Insufficient to Subject Benefits Denial to Deferential Review, First Circuit Rules
The U.S. Court of Appeals for the First Circuit has ruled that "satisfactory to us" language in a long term disability insurance policy was insufficient by itself to permit judicial review of a decision to deny benefits under the arbitrary and capricious standard, and that the de novo review standard was required. The First Circuit joins other circuits that have reached that conclusion in recent years. Read More

Homeowners Insurance
South Dakota Supreme Court Orders Class Certification in Credit Disability Insurance Suit
The South Dakota Supreme Court, reversing a trial court's decision, has ordered the class certification of a lawsuit brought by consumers against CUNA Mutual Insurance Society and Black Hills Federal Credit Union for unilaterally changing their credit disability insurance policy. Read More

View All Case Law Developments


FEMA Administrator Fugate to Testify Before Senate Committee Regarding Flood Insurance Increases
Craig Fugate, the administrator of the Federal Emergency Management Agency, will testify at a U.S. Senate Banking Committee hearing regarding increases to flood insurance premiums under the National Flood Insurance Program. U.S. Senator David Vitter (R-La.) said that he will bring Mr. Fugate before the committee, likely on September 18, 2013. Read More

Automobile Insurance

California Assembly Judiciary Committee Approves Legislation Enabling Consumers to Renew Insurance Policies Electronically
The California Assembly Judiciary Committee has approved SB 251, authored by Senator Ron Calderon (D-Montebello), to give insurance policyholders the option to access their policy renewal documents electronically. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Lawyer Scott N. Godes Joins Barnes & Thornburg Read More

3 Lawyers Honored by Vermont Captive Insurance Association 
Read More

Berkshire Hathaway Specialty Insurance Names Health Care and Construction Leaders 
Read More

Aon Unveils Enhanced Bermuda Shorts Excess Liability Follow Form Policy 
Read More

Tower Group International Terminates Agreement to Acquire American Safety Reinsurance 
Read More

View All Industry News

Faulty Construction and Ensuing Damage


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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