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TODAY'S TOP DEVELOPMENTS Monday, August 26, 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
Focusing on the Key Issue – Acceptance by the Scientific Community – When Presenting Expert Testimony in a Collapse Case
Expert testimony can make or break a case seeking insurance coverage for a building collapse. A recent decision by a Washington appellate court highlights the importance of zeroing in on the key issue when using expert witnesses to support or challenge a party’s position. Read More


Pennsylvania Top Court Confirms that MCARE Fund Can Be Liable to Health Care Provider for Delay Damages for Excessive Med Mal Verdict
The Pennsylvania Supreme Court has confirmed that Pennsylvania’s Medical Care Availability and Reduction of Error Fund (the “MCARE Fund”) can be held liable to a health care provider on a claim for indemnification for delay damages and post -judgment interest based on an underlying medical malpractice jury verdict that exceeded the MCARE Fund’s $1 million coverage limit. Read More

Homeowners Insurance
Unlicensed Contractors Lose Bid to Recover Insurance Proceeds Paid to Homeowner
An intermediate appellate court in New York has affirmed a trial court’s decision dismissing a claim for conversion brought by unlicensed contractors against a homeowner to recover insurance monies she had received that, they alleged, were intended to compensate them for work they had performed. Read More

7th Circuit Rules that Policy Term “Employers’ Liability Laws” Was Broad Enough to Cover Even Groundless Common Law Claims
The U.S. Court of Appeals for the Seventh Circuit has ruled that an excess liability insurance policy that provided coverage to an insured employer for losses resulting from liability imposed by “Employer’s Liability Laws” was broad enough to require the insurer to defend the employer against a groundless common law claim. Read More

View All Case Law Developments

Insurance Fraud

Prison Sentence for New York Man in Staged Accident Insurance Fraud Case
David Morgan has been sentenced to 21 months’ imprisonment and ordered to pay restitution in an amount exceeding $1.4 million following his guilty plea to mail fraud for his role in a staged accident insurance fraud. Read More

Automobile Insurance

U.S. Transportation Department Launches “Drive Sober or Get Pulled Over” Crackdown
U.S. Transportation Secretary Anthony Foxx and the Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) have begun their annual Drive Sober or Get Pulled Over crackdown on drunk drivers. Read More

View All Legislative/Regulatory Developments
IFG Insurance Group Hires Barbara Rezner as New Chief Compliance Officer Read More

36 Percent of Consumers Would Switch Auto Insurers to Receive Usage-Based Insurance Discount, LexisNexis Survey Finds 
Read More

Ryan West Named Vice President of Claims at GEICO 
Read More

Satisfaction with Insurers’ Superstorm Sandy Responses Drops, Study Finds 
Read More

Liberty Mutual Insurance Appoints Luiz Francisco Campos as President of Liberty Insurance Singapore 
Read More

View All Industry News

Bed and Breakfast May Not Be a Business


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

View Entire September Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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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