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TODAY'S TOP DEVELOPMENTS Thursday, September 5, 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.


Life Insurance
Appellate Court Upholds Policy's Limitations Period on Suits Against Life Insurer
A Minnesota appellate court has affirmed a trial court's summary dismissal of a plaintiff's lawsuit seeking death benefits under a life insurance policy issued to his spouse, finding that the suit was untimely under the terms of the policy. Read More

Homeowners Insurance

Property Owner May Pursue Breach of Contract Claim under Lender-Placed Insurance Policy Against Insurer as a Third-Party Beneficiary, Florida Court Rules
Another federal district court in Florida has ruled that a property owner may pursue a breach of contract claim under a lender-placed insurance policy against the insurance company as a third-party beneficiary. Read More

Trial Strategy
How Can an Insured Have a Previously Filed DJ Action Dismissed in Favor of Its State Court Suit? One Court Shows the Way
Insurance carriers and policyholders often seem to be in a race to the courthouse, with insurers filing declaratory judgment actions in federal court and policyholders seeking to assert their claims in state court. Where an insurer files a declaratory judgment action first, is the policyholder doomed to litigate in federal court? As a recent decision by a federal district court in Texas makes clear, the answer is not necessarily yes. Read More

Homeowners Insurance
Failure to Inform Insurer of Home's Change in Occupancy Following Death of Named Insured Dooms Coverage
A federal district court in Michigan has ruled that a homeowner's insurer properly denied a plaintiff's claim based on the plaintiff's failure to inform the insurer about a change in occupancy of the property following the death of the named insured - the plaintiff's mother. Read More

View All Case Law Developments

In the States

Florida's Citizens Property Insurance to Turn Over 400,000 Policyholders to Private Insurers
Nearly 400,000 Citizens Property Insurance Corporation policyholders will be given the option to return to the private market later this year following approval by Florida's Office of Insurance Regulation for 10 private insurers to assume policies from Citizens in November. Read More

Alternative Risk and Captives

Bermuda's New Insurer Registrations Continued to Increase in July
The Bermuda Monetary Authority (the Authority) has registered 47 new insurers for the period ending July 2013. This is an 81 percent increase from the 26 insurers registered over the same period in 2012. A total of 13 new insurers entered the Bermuda market in July, with new entrants spanning the entire breadth of insurance classes. Read More

View All Legislative/Regulatory Developments
Aon Benfield Study Finds Global Reinsurer Capital Reaches US $510 Billion Read More

The Sensitivity of Life Insurers to Interest Rate Changes 
Read More

American Safety Shareholders Approve Merger with Fairfax 
Read More

The Massive Potential of Cyber Liability Insurance in the U.K. 
Read More

David Pauly to Retire from Capitol Insurance Companies; Stephen Sills Appointed Chairman and Chief Executive Officer 
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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