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TODAY'S TOP DEVELOPMENTS Friday, September 13, 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.


Homeowners Insurance
Widow's Action against Cop Killer's Estate Is Not Covered by His Homeowner's Policy, Wisconsin Appellate Court Rules
A homeowner's insurance policy did not cover an action brought by a police officer's widow against the estate of the insured who shot and killed the officer, according to a Wisconsin appellate court. It ruled that, under Wisconsin law, the shooter's actions were intentional, not accidental, as a matter of law, and that they triggered the policy's intentional acts exclusion. Read More

Automobile Insurance

Florida Appeals Court Sets Stage for Future EUO Litigation in PIP Cases Arising after Change in Law
A Florida appellate court has reversed a decision in favor of an insurer, confirming that an examination under oath ("EUO") as a condition precedent to the payment of personal injury protection benefits by an insurer was not a valid policy provision that precluded recovery of benefits when the insured failed to attend the EUO. The appellate court's decision also suggested, however, litigable issues that may arise despite a change to Florida law that now permits EUOs to be required. Read More

Automobile Insurance
Massachusetts Top Court Rejects Insurer's Use of Certain Statistical Evidence to Demonstrate Unreasonable Cost of Health Care Services
The Massachusetts Supreme Judicial Court has ruled that a trial judge had discretion to consider the reliability of statistical evidence from a commercial database offered by an insurance carrier in an effort to demonstrate that a health care provider's costs were unreasonably high – and that in this case the trial court's decision that the evidence was not sufficiently reliable and therefore should not be admitted was not an abuse of discretion. Read More

Directors & Officers
Arizona Law Does Not Prohibit Insurance Coverage for Restitutionary Payments as a Matter of Public Policy, Arizona Appellate Court Holds
An Arizona appellate court, reversing a trial court decision, has ruled that Arizona law does not prohibit insurance coverage for restitutionary payments as a matter of public policy. Read More

View All Case Law Developments

Life Insurance

NY Rejects "Principles-Based Reserving" for Life Insurers and Will Seek Higher Reserves
The New York Department of Financial Services has informed the National Association of Insurance Commissioners that it no longer supports the "principles-based reserving" approach to calculating reserves for life insurance companies. Read More

Automobile Insurance

Uninsured Drivers Lose Ability to Collect Noneconomic Damages in Missouri as Legislature Overrides Governor's Veto
The Missouri Legislature has overridden a veto of a bill by Governor Jay Nixon that bans uninsured drivers from recovering noneconomic damages in specified circumstances. Read More

View All Legislative/Regulatory Developments
Among Fortune 1,000, Insurers and Health Care and Technology Companies Top List of Industry Groups Most Concerned About Cyber Threats, Willis Finds Read More

Beazley Launches Comprehensive Emergency Evacuation Insurance to Take Employees Out of Harm's Way
Read More

Gen Re Promotes Damon N. Vocke to Executive Vice President of General Re Corporation
Read More

MGIS Appoints Paul Fischerkeller as New Assistant Vice President of Medical Professional Liability Sales
Read More

Rising Sea Levels Ranked as the Greatest Climate Change Threat, According to Guy Carpenter
Read More

View All Industry News

Twin Condominiums


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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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