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TODAY'S TOP DEVELOPMENTS Monday, September 22, 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
False Claims Act Complaint Was a “Prior or Pending” Action Although It Was Filed under Seal and Not Served on Insured until the Middle of the Policy Period
A Pennsylvania court has ruled that a complaint under the federal False Claims Act that was filed against the insured under seal, before the effective date of the insured’s insurance policy, was a “prior or pending litigation” even though the insured was not served with the action and did not learn of it until mid-way through the policy period. Read More

Automobile Insurance

Court Reiterates that Indiana is Not a Direct Action State
A federal district court in Indiana has dismissed a direct action against an insurance company, explaining that Indiana, unlike some other states, is not a so-called “direct action” state. Read More

Fire Insurance
Appellate Court Rejects Insured’s Efforts to Rely on Deposition Testimony to Support Claim that Insurer Breached the Implied Covenant of Good Faith and Fair Dealing
An appellate court in Illinois has rejected an insured’s attempt to support her claim for breach of the implied covenant of good faith and fair dealing by relying on the deposition testimony of her insurance company’s former office manager that she could have reinstated her cancelled policy within “a couple of days” after the policy’s grace period had expired. Read More

Eye on the Experts
Under the Right Circumstances, an Insured Entitled to “Independent Counsel” in California Can Retain More Than One Firm
This Eye on the Experts article discusses a recent case of first impression by a California district court that has ruled that California law does not preclude an insured from retaining multiple law firms as independent or Cumis counsel where the insurer is defending under reservation of rights. Read More

View All Case Law Developments

Automobile Insurance

Michigan Anti-Fraud Task Force Recommends Steps to Fight Auto Insurance Fraud
The FAIR (Fighting Auto Insurance Rip-offs) Task Force, launched by Michigan Secretary of State Ruth Johnson to fight auto insurance scams, has released its recommendations, which include proposals to streamline prosecution of offenders, assist law enforcement in verifying insurance during traffic stops, and crack down on unlicensed insurance agents. Read More

Federal Actions

New Charges against Insurance Company President in Alleged $100 Million Insurance Premium Fraud
A federal grand jury has returned a superseding indictment charging Jeffrey Brian Cohen with wire fraud and money laundering in addition to the charges of making false statements to an insurance regulator that were included in the original indictment. Read More

View All Legislative/Regulatory Developments
Brit Launches Cyber Attack Product Read More

Business Insurance USA Launches Liability Protection for SEO Firms 
Read More

Navigators Launches New Cyber Liability & Privacy/Data Breach Coverage 
Read More

Oh, Deer! Collisions Are Up This Year, State Farm Reports 
Read More

Column Analyzes Legislative Changes to Health Care Benefits of Retired Public Employees Read More

View All Industry News
Theft of Employee Tools and Care, Custody, or Control Question


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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