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TODAY'S TOP DEVELOPMENTS Thursday, September 19, 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.


Commercial General Liability
NJ Supreme: Insurer Has Direct Claim for Contribution against Co-Insurer for Defense Costs Arising from Continuous Property Damage Litigation
The New Jersey Supreme Court has ruled that an insurer may assert, against a co-insurer, a claim for defense costs incurred in litigation that arose from property damage manifested over a period of several years, during which the policyholder was insured by successive carriers. It also found that a release negotiated by the insured and one insurer had no effect on the other insurer's claim for contribution against the released insurer because the other insurer was not a party to that release. Read More

Automobile Insurance

Applying Public Policy Exception to Conflict of Laws Test, Kentucky Appellate Court Rejects Virginia Insurance Policy's UIM Offset Provision
A Kentucky appellate court has reversed a trial court's decision in favor of an insurance carrier, finding that a provision in a Virginia automobile insurance policy providing for an offset of uninsured motorist benefits violated Kentucky law and would not be enforced. Read More

Business Income
Insured's Breach of Contract and Bad Faith Claims Were Time Barred, Appellate Court Affirms
A Wisconsin appellate court has upheld a trial court's decision that an insured's breach of contract and bad faith claims against its insurer were time barred. 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

View All Case Law Developments

Workers Compensation

California Legislature Passes Bill to Limit Pro Athletes' Access to State's Workers Compensation System
The California legislature has passed a bill that, if signed into law, would limit the ability of professional athletes employed by out-of-state teams to access California's worker's compensation system. Read More

Health Insurance

Manhattan Ob-Gyn Diverted Patients' Insurance Checks to His Personal Account, Prosecutors Charge
Lawrence Levitan, an obstetrician-gynecologist in New York City, has been charged with defrauding and stealing approximately $267,000 from Beth Israel Medical Center by diverting his patients' insurance checks to his personal bank account. Read More

View All Legislative/Regulatory Developments
Securian Creates Voluntary Employee Benefits Unit under Minnesota Life Group Insurance Read More

Affirmative Insurance Names Michael J. McClure CEO and Director and Earl R. Fonville Executive Vice President and CFO
Read More

Citizens Announces New CFO and Chief Risk Officer
Read More

Allied World Launches New Admitted Lawyers Professional Liability Product
Read More

Percentage of People without Health Insurance Coverage Decreased in 2012, U.S. Census Bureau Reports
Read More

View All Industry News

Faulty Construction and Ensuing Damage


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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].

FC&S Legal: The Insurance Coverage Law Information Center
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