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TODAY'S TOP DEVELOPMENTS Monday, August 25, 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
Assignee of Third-Party Claim against Insurance Agency Was Entitled to Jury Trial, Illinois Appellate Court Rules
An Illinois appellate court, reversing a trial court’s decision, has ruled that a woman who sued a bar and subsequently was assigned the bar’s third-party claim against the bar’s insurance agency was entitled to a jury trial in her subsequent lawsuit, as assignee, against the agency where she had demanded a jury trial in her complaint against the bar – even though the bar had not demanded a jury trial in its third-party complaint against the agency. Read More

Employee Benefits

Statute Permitting Offset Against “Old Age and Survivor Insurance Benefits” Referred Only to Federal Social Security Benefits, Minnesota Supreme Court Decides
The Minnesota Supreme Court has ruled that a school district could not offset its disability-benefit payments to a former teacher against his government-service pension benefits, finding that the Minnesota law permitting an offset against “old age and survivor insurance benefits” referred only to federal Social Security benefits. Read More

Automobile Insurance
Divided Florida Appeals Court Finds that Trial Court Lost Jurisdiction Upon Insurer’s Confession of Judgment
A divided appellate court in Florida has ruled that a trial court lost jurisdiction to consider an insured’s request to amend his complaint against his insurance company after the insurer confessed to judgment in the amount of its policy limits. The decision appears to conflict with a ruling in another case. Read More

Commercial Property
Earth Movement Exclusion Barred Coverage for Collapse Caused, at Least in Part, by Soil Settlement, New York District Court Decides
A federal district court in New York has ruled that an earth movement exclusion barred coverage for a collapsed warehouse floor where the collapse was caused, at least in part, by soil settlement. Read More

View All Case Law Developments

Federal Actions

Berkshire Hathaway to Pay $896,000 Civil Penalty to Settle Charges It Violated Antitrust Premerger Notification Requirements
Berkshire Hathaway Inc. has agreed to pay an $896,000 civil penalty to settle charges that it violated premerger reporting and waiting requirements when it acquired voting securities of USG Corp. in December 2013. Read More

In the States

Maryland Insurance Commissioner Appoints Two to Top Posts
Maryland Insurance Commissioner Therese M. Goldsmith has appointed Michele T. Oshman as the state’s associate deputy insurance commissioner and Victoria August as associate commissioner for compliance and enforcement at the Maryland Insurance Administration. Read More

View All Legislative/Regulatory Developments
Mutual of Omaha Launches Group Accident Insurance Read More

Life Insurance Accounts for Almost Half of Inforce Voluntary Premium, According to an Eastbridge Report 
Read More

Pan-American Life Insurance Appoints Carlos F. Mickan to Its Board of Directors 
Read More

Jeffrey Goldman Joins Holland & Knight as a Partner in Chicago 
Read More

Banking Presence in Insurance Industry is Shrinking, SNL Insurance Says Read More

View All Industry News
Q & A
Loss of Consortium


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

View Entire September Insurance Coverage Law Report
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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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