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TODAY'S TOP DEVELOPMENTS Thursday, September 26, 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.


Homeowners Insurance
Withdrawal of Reservation of Rights Ends Insurer’s Obligation to Continue to Pay Insured’s Cumis Counsel, California Appeals Court Holds
An insurance carrier is not required to continue to pay its insured’s Cumis counsel after the insurer withdraws its Cumis-triggering reservation of rights, a California appellate court has ruled. The appellate court reasoned that the withdrawal of the reservation of rights eliminated the conflict that created the need for Cumis counsel in the first place. Read More

Claims Resolution

Statute of Limitations May Not be Equitably Tolled without Evidence that Insured Detrimentally Relied on Insurer’s Investigation of Claim before Expiration of Limitations Period, N.J. Appellate Court Holds
An appellate court in New Jersey has ruled that equitable tolling of the statute of limitations did not apply where there was no evidence that the insured had detrimentally relied on an insurer’s investigation of his claim before the limitations period had expired. Read More

Automobile Insurance
Circuit Accepts “Ridiculous” Argument and Rules that Pedestrian Was “Occupying” Car after It Struck Her and the Impact Threw Her Onto Its Hood
The U.S. Court of Appeals for the Sixth Circuit has reversed a district court’s decision and, interpreting policy language, has ruled that a pedestrian was “occupying” the car that struck her after the impact threw her onto its hood. Read More

Missouri Public Policy Against Enforcement of Mandatory Arbitration Provisions in Insurance Contracts Invalidates Forum-Selection Clause, Court Rules
A federal district court in Missouri has ruled that Missouri’s public policy against the enforcement of mandatory arbitration provisions in insurance contracts invalidated a forum-selection clause in an excess insurance policy. Read More

View All Case Law Developments

In the States

Eric Weirich Named New Deputy Commissioner of Enforcement in California
Eric Weirich has been appointed to the position of deputy commissioner of the enforcement branch of the California Department of Insurance. Read More

In the States

Consumer Complaint Leads to $524,000 Fine for Time Insurance
Time Insurance Company, a Wisconsin-based insurance company that is licensed in North Carolina, has agreed to take corrective actions and pay a $524,000 fine after an administrative investigation by the North Carolina Department of Insurance. Read More

View All Legislative/Regulatory Developments
Horace Mann Appoints Marita Zuraitis to be President and Chief Executive Officer Read More

More Severe Storms Predicted, According to a New Study Published in the Proceedings of the National Academy of Sciences
Read More

Looming Threats to Medical Professional Liability Insurer Performance, Conning Reports
Read More

Our Industry News, and Why It Matters
Read More Insurance Services Is Now Licensed to Transact Business in New York
Read More

View All Industry News

Lifting of Shingles Causes Damage


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
[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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