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TODAY'S TOP DEVELOPMENTS Thursday, September 17, 2015

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.


Employee Benefits
Seventh Circuit Upholds Illinois Law Prohibiting Courts from Exercising "Arbitrary and Capricious" Review Over ERISA Plan Decisions
The U.S. Court of Appeals for the Seventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Illinois, has ruled that the Employee Retirement Income Security Act of 1974 does not preempt an Illinois law that requires that courts use a de novo review standard rather than an "arbitrary and capricious" standard of review in litigation challenging denials of employee benefits. Read More

Homeowners Insurance
Damage from Alleged Negligent Misrepresentation Was Not Property Damage, and Negligent Misrepresentation Was Not an "Occurrence," Connecticut Appeals Court Holds
An appellate court in Connecticut, affirming a trial court's decision, has ruled that damages arising from a negligent misrepresentation could not be considered property damage and that a negligent misrepresentation did not give rise to an "occurrence" within the meaning of a homeowners insurance policy. Read More

Commercial General Liability
Fifth Circuit: No Duty to Defend Private Prison Operator for Its Alleged Failure to Provide Medications to Inmate
The U.S. Court of Appeals for the Fifth Circuit, reversing a decision by the U.S. District Court for the Southern District of Texas, has ruled that Lexington Insurance Company did not have to defend or indemnify LCS Corrections Services, Inc., under a commercial general liability insurance policy against allegations that LCS's failure to provide medications to an inmate housed at one of its facilities caused the inmate's death. Read More

Workers Compensation
Minnesota Supreme: For Disabilities to Contribute to Employee's Permanent-Partial-Disability Rating, They "Must Affect Employability"
The Minnesota Supreme Court, reversing a decision by the state's Workers Compensation Court of Appeals, has ruled that a prior disability that did not affect an employee's ability to secure employment could not be considered when determining whether the employee was eligible for permanent-total-disability benefits under Minnesota law. Read More

View All Case Law Developments

Automobile Insurance

Delaware Insurance Department Warns Auto Insurers about Mandatory Arbitration of Subrogation Claims
The Delaware Department of Insurance has issued a bulletin to insurance carriers writing automobile insurance policies in Delaware emphasizing that they are required to submit to mandatory arbitration all subrogation claims among insurers or self-insurers. Read More

Homeowners Insurance
"Arson Detection Dog" Leads Florida Fire Marshall to Charge Homeowner with Arson
The Florida Division of State Fire Marshal has arrested Delmar Dice for allegedly attempting to burn down his own home and causing nearly $200,000 in damage.  Read More

View All Legislative/Regulatory Developments
XL Catlin Introduces New Commercial Crime Insurance Policy in U.S.  Read More

Benchmark Insurance and SUNZ Insurance Announce New Partnership  
Read More

QBE North America Appoints Kathleen O. Zortman President of Standard Lines Property & Casualty
Read More

Mitigating Cyber Risk Could Make a Difference of $120 Trillion to Global Economy by 2030, Zurich/Atlantic Council Report Shows  
Read More

Timothy P. Harris Is Named General Counsel of Prudential Financial; Susan Blount to Retire
Read More

View All Industry News
No-Fault Benefits under Arbitration Rules


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

View Entire Septmeber/October Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
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
Cort T. Malone, Anderson Kill, P.C.
Richard D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
Thomas F. Segalla, Goldberg Segalla
David D. Thamann, The National Underwriter Company

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