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TODAY'S TOP DEVELOPMENTS Monday, September 16, 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.


Trial Strategy
When Does the 30 Day Deadline to Remove Begin to Run in Insurance Coverage Cases?
One of the first strategic decisions that needs to be considered in insurance coverage litigation is whether to proceed in a state court or in a federal court. A plaintiff's choice to proceed in a state court may be subject to a defendant's removal to federal court - and that may be subject to a motion to remand. A recent decision by a federal district court in Washington highlights the importance of keeping in mind the deadline for the filing of a motion to remand. 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

Attorney's Fees
Employee Had Right to Choose His Own Attorney But Not To Have His Employer or Employer's Insurer Indemnify Him under California Labor Law, Appellate Court Holds
A California court of appeal has affirmed a trial court's decision in favor of an employer and its insurer, declaring that an employee may have had a right to choose his own attorney when facing litigation and potential criminal charges but did not have the right to require the insurer and employer to indemnify him for those expenses under California Labor Code Section 2802. 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

View All Case Law Developments

Health Insurance

Minnesota Department of Commerce Claims Lowest Average ACA Health Insurance Rates in the Country
Individual health insurance policy premium rates in Minnesota are the lowest average rates in the country for health insurance plans sold under the Affordable Care Act, according to Minnesota Commerce Commissioner Mike Rothman. Read More

Automobile Insurance

Chiropractic Clinic Owner Guilty in $3 Million Auto Insurance Fraud
The former owner of Private Chiropractic Care in Bryan, Texas, has entered a plea of guilty to engaging in a conspiracy to defraud various automobile insurance companies of more than $3 million. Read More

View All Legislative/Regulatory Developments
Dwaune Dupree Joins Property Casualty Insurers Association of America as Financial Policy Counsel Read More

Prudential Invests $10 Million in LeapFrog Fund II to Help Tap Into Emerging Insurance Consumer Market in Africa and Asia
Read More

Nautilus Insurance Enters Personal Umbrella Market, Opens Office in California, and Announces Management Appointments
Read More

Euler Hermes' Specialized Political Risk Insurance Team Broadens U.S. Credit Insurance Services
Read More

Assurant Acquires Mobile Phone Insurance Provider, Lifestyle Services Group, from Phones 4u Finance plc
Read More

View All Industry News

MSO Homeowners MH03


Browse our entire library of over 2,500 insurance resources and forms.

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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