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TODAY'S TOP DEVELOPMENTS Thursday, September 18, 2014

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.


Professional Liability Insurance
Alaska Supreme Court Asked to Decide Whether Malpractice Insurer Can Seek Reimbursement of Fees It Assumed under a Reservation of Rights
The Alaska Supreme Court has been asked to decide whether a malpractice insurance company was entitled to reimbursement of attorney's fees it assumed under a reservation of rights letter. Read More

Trial Strategy

How an Insured's Affidavit Limiting Potential Judgment to $75,000 Can Divest Federal Court of Subject Matter Jurisdiction
Diversity jurisdiction in federal district courts requires an amount in controversy in excess of $75,000, exclusive of interest and costs. A recent decision in a coverage dispute by a federal district court in Missouri highlights how an insured's affidavit limiting any potential recovery to $75,000 can divest a federal district court of subject matter jurisdiction (at least federal district courts in Missouri), thus requiring resolution of the coverage action in state court. Read More

Life Insurance
Court Upholds Plan Administrator's Decision that Intoxication, Not Lack of Medical Attention, Caused Insured's Death
A federal district court in Louisiana has upheld a plan administrator's decision that an insured who died in a motorcycle accident died because he was intoxicated and not from "lack of medical attention," and that his widow, therefore, was not entitled to accidental death benefits under his life insurance policy. Read More

Homeowners Insurance
Force-Placed Insurance Class Action Settles for $625,000
A federal district court in California has approved the settlement of a force-placed flood insurance class action for $625,000. The court also approved payment of $143,750 for attorneys' fees and expenses for class counsel. Read More

View All Case Law Developments

Automobile Insurance

Ex-Law Office Manager Sentenced in $3 Million Automobile Insurance Fraud Conspiracy
The former office manager of Sanjoh & Associates has been sentenced to 14 years in federal prison for engaging in a conspiracy to defraud various automobile insurance companies of more than $3 million via the U.S. Postal Service. Read More

Health Insurance

Health Insurer Reaches $3.5 Million Settlement with New York Over Out-of-Network Disclosures
Group Health Inc., a subsidiary of EmblemHealth, Inc., New York's largest health insurer, has reached a settlement with New York regulators that requires improved plan disclosures for out-of-network provider benefits to those members who sign up for GHI's comprehensive benefits plan. Read More

View All Legislative/Regulatory Developments
Physicians Mutual Appoints Rob Reed as New President and CEO Read More

Aviva Appoints Sir Adrian Montague as Chairman 
Read More

Chubb Extends Security Services to Personal Insurance Customers 
Read More

John Lavin Joins Endurance as Head of U.S. E&S Property Insurance 
Read More

Chinese Government Awards Lloyd's a Beijing License Read More

View All Industry News
Newly Acquired or Constructed Property Property


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

View Entire September 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
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, Rivkin Radler 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 ($1,295 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

FC&S Legal: The Insurance Coverage Law Information Center

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