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TODAY'S TOP DEVELOPMENTS Wednesday, September 25, 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 Lines
“Lead Insurer” Must Post Security for Full Amount of Insured’s Recoverable Losses, Not Just Its Share
A federal district court in Illinois has ruled that a “Lead Insurer” must post security for the full amount of a potential judgment in favor of its insured and not just its 47.41 percent share of the underlying policy. Read More

Commercial General Liability

Finding No Occurrence, Alabama Supreme Court Reverses Judgment Against Insurer Based on Arbitration Award Against Insured Homebuilder
The Alabama Supreme Court has reversed a trial court’s decision against an insurance carrier that had issued a homebuilder a commercial general liability (“CGL”) insurance policy, finding that an arbitration award in favor of home owners against the insured was not based on an “occurrence.” Read More

Court Enjoins Arbitration of Reinsurance Dispute to Determine Whether Ex Parte Communications Had Breached Treaty
Although acknowledging that courts generally lack jurisdiction to review arbitration proceedings until a final award has been issued, a federal district court in Michigan has issued a preliminary injunction against the continuation of an arbitration under a reinsurance contract. Read More

Automobile Insurance
Appellate Court Upholds Arbitrators’ Decision to Allow Offsets to Underinsured Motorist Benefits Award
A Michigan appellate court has affirmed a trial court’s decision upholding a common law arbitration award that offset the amount of Social Security and long term disability benefits received by the plaintiff against the amount of underinsured motorist (“UIM”) benefits otherwise payable by the insurer. Read More

View All Case Law Developments

Automobile Insurance

Michigan Cracks Down on Auto Insurance Scams
Saying her office has uncovered significant evidence of fake and fraudulent auto insurance, Michigan Secretary of State Ruth Johnson has announced a new anti-fraud task force. Read More

Workers Compensation

Oregon’s Worker’s Compensation Rates to Drop in 2014
Worker’s compensation costs will decrease an average 7.6 percent in 2014 in Oregon thanks to lower medical costs and fewer and smaller claims for lost wages, Oregon’s Department of Consumer and Business Services has announced. Read More

View All Legislative/Regulatory Developments
Recalling the Great New England Hurricane of 1938 Read More

Questionable Worker’s Compensation Claims Increase, with California, Illinois, and New York Leading the States, Report Finds
Read More

New Report from CFA and UNUM Finds Critical Role for Workplace Disability Benefits
Read More

PCI Elects Douglas D. Dirks and David Duclos to Its Board of Governors
Read More

Hurricane Season is Here – Is Your Insurance Program Ready for the Next Storm?
Read More

View All Industry News

Nonowned Auto Coverage Questions


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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].

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