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TODAY'S TOP DEVELOPMENTS Tuesday, September 3, 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.


Attorney's Fees
Acknowledging that Third Party Beneficiary of DJ Action May Be Entitled to Its Attorney's Fees, Appellate Court Refuses to Overturn Trial Court Decision Denying Award in This Case
A New Jersey appellate court has again acknowledged that a third party beneficiary of a declaratory judgment action may be entitled to recover its attorney's fees, without regard to its ultimate success in the litigation. In this case, however, the appellate court refused to overturn a trial court's decision denying the requested award, finding that the trial court had not abused its discretion. Read More

Attorney's Fees

North Carolina Court Upholds Limit on Attorney's Fees in Third Party Cases Related to Worker's Comp Claims
A North Carolina court has ruled that a cap on attorney's fees in worker's compensation cases also applied to related third party cases brought by the worker. Read More

Attorney's Fees
Attorney's Fees Lawyer Ordered to Return to Ex-Client Were Neither a "Claim" Nor "Damages" Under Lawyer's Policy, Court Rules
A federal district court in Louisiana has ruled that a lawyer's professional liability insurance policy did not cover attorney's fees that a worker's compensation court ordered the attorney to return to a former client, concluding that the amount was neither a "claim" nor "damages" under the policy. Read More

Attorney's Fees
CGL Policies' Supplementary Payments Provision Did Not Cover Attorney's Fees and Administrative Costs Awarded in a Class Action, Appellate Court Holds
A Massachusetts appellate court has ruled that common fund attorney's fees and administrative costs awarded in a class action were not "costs" within the meaning of the supplementary payments provision of commercial general liability insurance policies that were associated with the defense of the class action but were more akin to a damage award. Read More

View All Case Law Developments

Health Insurance

Heath Insurers Settle Claims Handling Charges with Missouri Department of Insurance for $1 Million
The Missouri Department of Insurance has reached a settlement with Time Insurance Co., Union Security Insurance Co., and John Alden Life Insurance Co. related to their coverage of health benefits required by state law. State insurance regulators alleged that the three health insurance companies that issue policies for Assurant Health violated Missouri law in how claims were being handled. Read More

Health Insurance

New Illinois Law Requires School Districts to Provide Catastrophic Accident Insurance for Injured Students
Illinois Governor Pat Quinn has signed legislation that requires public and private school districts to provide catastrophic accident insurance for high school students who are injured while participating in school-sponsored or supervised athletic events that result in medical expenses over $50,000. Read More

View All Legislative/Regulatory Developments
AIG Names Kevin Hogan Chief Executive Officer of Global Consumer Insurance Read More

Stuart Pattison to Lead U.S. Law Firm Insurance Unit at Endurance 
Read More

Workers Compensation Research Institute Welcomes Former CEO of Arkansas Workers' Compensation Commission as a Regional Director 
Read More

Christopher Zimmerman Joins National Life Group as Senior Counsel 
Read More

Aite Group Hires New Research Director to Lead Its Insurance Practice 
Read More

View All Industry News

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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].

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