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TODAY'S TOP DEVELOPMENTS Thursday, August 29, 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

Trial Stratgey

Faulty Jury Instruction on Non-Cooperation Defense Leads to New Trial
A decision by the U.S. Circuit Court of Appeals for the Ninth Circuit finding that an insurer should have been estopped from asserting a non-cooperation defense – and the circuit court's conclusion that a new trial was required – is a reminder that insurance carriers and policyholder attorneys should pay heed to language that insurers use to explain the reasons they are disclaiming coverage and the coverage issues they are litigating. Read More

Trial Strategy
Calculating the Amount in Controversy When an Insured's Complaint Limits the Damages Requested – But Also Seeks Punitive Damages
A federal district court in Pennsylvania, in an insurance coverage case that the defendant insurer had removed from a Pennsylvania state court, has issued a decision explaining how to calculate the amount in controversy when an insured's complaint limits the amount of damages requested to an amount below the jurisdictional minimum of $75,000 – but also seeks punitive damages. Read More

Trial Strategy
How Mis-Joinder Doomed an Insurer's Coverage Action
A declaratory judgment action can help establish the obligations of the parties to an insurance contract. A recent decision by a Missouri appellate court serves as a reminder, however, that these actions must present justiciable controversies to be decided, and that a key to that is proper joinder of parties. Read More

View All Case Law Developments

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 have begun their annual Drive Sober or Get Pulled Over crackdown on drunk drivers. Read More

Automobile Insurance

New Illinois Law Removes Motor Vehicle Insurers' Notice Obligation for Policy Renewals, Reinstatements, and Reissuances
A new Illinois law has removed a notice obligation previously imposed on insurance carriers. Read More

View All Legislative/Regulatory Developments
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

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

The Hartford Broadens Professional Liability Offerings for Technology Companies 
Read More

Critical Illness Coverage Available Nationwide from Prudential Group Insurance 
Read More

View All Industry News

Form Analysis
MSO Homeowners MH 06


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
[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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