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TODAY'S TOP DEVELOPMENTS Friday, August 30, 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.


State Supreme Court Decision
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

State Supreme Court Decision

Single Gunshot Was One Occurrence Notwithstanding Number of People Injured, Alaska Supreme Court Holds
The Alaska Supreme Court has held that a family’s homeowner’s insurance policy provided a $300,000 limit to “Each Occurrence” notwithstanding the number of insureds, and that a single gunshot was one occurrence notwithstanding the number of people who were injured. Read More

State Supreme Court Decision
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

State Supreme Court Decision
South Carolina Supreme Court Holds that Collateral Source Rule Does Not Affect UIM Policy’s “Other Insurance” Provision
The South Carolina Supreme Court has ruled that the collateral source rule on underinsured motorist property damage coverage where the homeowner’s policy had already paid for the property damage did not apply and, therefore, there was no UIM property damage coverage available.” Read More

View All Case Law Developments

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

In the States

N.Y. Again Obtains “Policyholder Safeguards” in Exchange for Approving Private Equity Firm’s Acquisition of Annuity Business
The New York Department of Financial Services has announced that a second major private equity firm has agreed to “enhanced policyholder protections” as part of an annuity company acquisition. Read More

View All Legislative/Regulatory Developments
36 Percent of Consumers Would Switch Auto Insurers to Receive Usage-Based Insurance Discount, LexisNexis Survey Finds Read More

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

Catastrophes Cost Global Insurers Over US$20 Billion in First Half of 2013, Swiss Re Reports 
Read More

American Lives Underinsured by an Average of $1.2 Million, Study Finds 
Read More

P&C Insurers Are Among Top Holders of Muni Bonds, Report Finds 
Read More

View All Industry News

Rental Car as Nonowned Vehicle


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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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