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TODAY'S TOP DEVELOPMENTS Friday, August 23, 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.


Commercial Property
Indiana Appeals Court Allows Discovery of Insurer's Reserve Amount in Insured's Bad Faith Case
An appellate court in Indiana has affirmed a trial court's decision requiring an insurer to produce documents regarding its reserve fund in a bad faith case brought by its insured, about 20 years after it denied a similar request in an negligence action against an alleged tortfeasor where the plaintiff sought reserve fund information from the alleged tortfeasor's insurer, which was not a party to the suit. Read More

Automobile Insurance

Relying on Policies' "Owned-Vehicle" Exclusion, Appeals Court Reverses Trial Court Decision Permitting Stacking of UIM Coverage
A Missouri appellate court has reversed a trial court's decision allowing an insured to stack underinsured motorist benefits coverage under his four automobile insurance policies, finding that there was no UIM coverage to stack because of the policies' "owned-vehicle" exclusion. Read More

Trial Strategy
Decision Highlights Issues Relating to Bifurcation of Insured's Breach of Contract and Insurance Bad Faith Claims
A policyholder that brings coverage and bad faith claims against its insurer typically would like those claims tried together, just as an insurer in that situation typically would like those claims bifurcated. A decision by a federal district court in California suggests some of the arguments that might help policyholders succeed in defeating bifurcation motions, as well as issues that insurers need to be able to address to advance their positions. Read More

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

View All Case Law Developments

Life Insurance

ING is Latest Life Insurer to Reach "Death Master" Settlement with States
Another life insurance carrier has reached a settlement with state regulators over the use of the Social Security Administration's death master database. Read More

In the States

New York Regulator's Audit Finds Serious Information Technology Problems at State Pension Fund
The New York Department of Financial Services, in the first of a planned series of audits of the New York State Common Retirement Fund, has found "serious information technology problems" at the Office of the State Comptroller that, it said, are putting retirees and taxpayers at significant risk. Read More

View All Legislative/Regulatory Developments
Aspen Insurance Appoints Professional Liability Underwriter Read More

U.S. RE Names Charles G. Desmond Senior Vice President and Manager of Newly Opened Mid-West Office 
Read More

Ironshore Specialty Casualty Introduces Claims-Made Policy Form for Product Liability Risks 
Read More

Allied World Asia-Pacific Launches Executive Forcefield for Directors and Officers 
Read More

Insurance, and Other Costs, Make Georgia the Most Expensive State to Operate a Car; Oregon is the Cheapest 
Read More

View All Industry News

Radioactive Contamination Coverage


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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