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TODAY'S TOP DEVELOPMENTS Tuesday, September 30, 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.


Employee Benefits
Law Firm's Temporary Contract Lawyer Was an "Employee" for Unemployment Insurance Purposes, New York Court Finds
A New York state court, affirming a decision of the state's unemployment insurance appeal board, has ruled that a law firm was liable for unemployment insurance contributions on compensation paid to a temporary contract lawyer (and to others similarly situated). Read More

Workers Compensation

Kentucky Supreme Court Rejects "Up-the-Ladder" Workers Compensation Liability for Auto Dealer
The Kentucky Supreme Court, affirming an intermediate appellate court's decision, has ruled that an auto dealer was not liable to pay "up-the-ladder" workers compensation benefits after it hired an electrician whose employee alleged that he was injured while working where the act of hiring the electrician was not part of the auto dealer's "regular" or "recurrent" work. Read More

Commercial General Liability
Finding Numerous Policy Ambiguities, Idaho District Court Rules that Insurer Had Duty to Defend Insured Against Claim for Infliction of Emotional Distress Even in Absence of Physical Manifestations
A federal district court in Idaho, finding numerous provisions in a commercial general liability insurance policy to be ambiguous, has ruled that an insurer was obligated to defend its insured in a lawsuit alleging that the insured had intentionally or recklessly inflicted emotional distress on the underlying plaintiff, even in the absence of any allegations by the underlying plaintiff that her alleged emotional distress was accompanied by physical manifestations. Read More

Commercial Umbrella
Policy's "Own, Rent or Occupy" Provision Bars Gas Well Operator's Recovery for Remediation/Containment Costs Following Blowout
The U.S. Court of Appeals for the Fifth Circuit, applying Louisiana law, has affirmed a district court's decision denying coverage for damages incurred by an insured that operated a gas well under a mineral lease because of the policy's "own, rent or occupy" provision. Read More

View All Case Law Developments

Federal Actions

Treasury's Federal Insurance Office Releases Second Annual Report
The U.S. Department of the Treasury's Federal Insurance Office has released its second annual report on the insurance industry. Read More

Automobile Insurance

U.K. Competition and Markets Authority Enacts New Auto Insurance Rules
The United Kingdom's Competition and Markets Authority, which is the U.K.'s primary competition and consumer authority, has announced new rules that it said would increase competition in the car insurance market and reduce the cost of premiums for drivers. Read More

View All Legislative/Regulatory Developments
Grinnell Mutual Legal Division Names Leadership Read More

Prudential Signs Pension Transfer Agreement with Motorola Solutions 
Read More

ACE Makes Executive Appointments in Its Global Client Executive Practice 
Read More

Charles Taylor Group to Acquire Nordea Life & Pensions Limited 
Read More

Specialty Insurance Group Launches New Program for the Pyrotechnics Market Read More

View All Industry News
Business Auto Form - Conditions


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

View Entire October/November Insurance Coverage Law Report
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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

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