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TODAY'S TOP DEVELOPMENTS Monday, September 9, 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.


Claims Resolution
Appeals Court Upholds Remittitur of $19 Million Punitive Damages Award Against Insurer to $350,000 Based on Maximum 10:1 Ratio of Punitive to Compensatory Damages
A California appellate court has affirmed a trial court's remittitur of a punitive damages award against an insurer from $19 million to $350,000 based on a ratio of punitive to compensatory damages of 10:1, finding that that was the maximum ratio that comported with due process. Read More

Title Insurance

Bank Can Add Punitive Damages Claim against Title Insurer, Court Rules
A federal district court in Idaho has granted a bank's motion to amend to add a claim for punitive damages against a title insurer. In so ruling, the court seemed to give great weight to the opinion of the bank's experts. Read More

Commercial General Liability
"Your Product" Exclusion Applies to Insured's Sliding Glass Doors Even After Transoms Had Been Added, Florida Appeals Court Decides
A Florida appellate court has ruled that the "your product" exclusion applied to bar coverage for costs incurred by an insured manufacturer to replace allegedly defective sliding glass doors that had been altered with the addition of transoms. Read More

Worker's Compensation
Texas Supreme Court Rules that Permanent Lifetime Income Benefit Determinations, Once Made, Are Permanent and Cannot Be Re-Opened
The Texas Supreme Court has rejected the contention by the Texas Department of Insurance, Division of Workers' Compensation, that it had the power to re-open determinations of eligibility for permanent lifetime income benefits, concluding that such a procedure had been deliberately removed by the state legislature in 1989. Read More

View All Case Law Developments

Worker's Compensation

10 Current and Former U.S. Postal Service Employees and Two Doctors Charged in Alleged Worker's Compensation Fraud
A federal grand jury in the Puerto Rico has returned 12 separate indictments charging 10 current and former U.S. Postal Service employees and two doctors with fraud associated with the Department of Labor Office of Workers' Compensation Program. Read More

Health Insurance

In Absence of States Expanding Medicaid, 2 In 5 Uninsured Adults Could Have No Health Insurance Option, Report Finds
Two of five adults who recently have been uninsured living in states that have not yet decided to expand Medicaid eligibility under the Affordable Care Act would likely have no new affordable health insurance options if their states do not eventually expand the program, according to a new Commonwealth Fund report. Read More

View All Legislative/Regulatory Developments
Aileen Marchese to Head Ironshore's Northeast Region Read More

Aspen US Insurance Appoints Jude DiBattista Chief Underwriting Officer for Excess Casualty 
Read More

Floods Risk Damaging US$45 Trillion Worth of Property by 2050, OECD Report Asserts 
Read More

Berkshire Hathaway Specialty Insurance Appoints James O. Roser as Chief Information Officer 
Read More

United Insurance Appoints Andrew Swenson as Vice President and Chief Information Officer 
Read More

View All Industry News

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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].

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