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TODAY'S TOP DEVELOPMENTS Thursday, October 3, 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.


Trial Strategy
Decision Explains When Courts May Bifurcate Coverage and Bad Faith Counts
Bifurcation continues to be an issue that often is litigated in insurance coverage cases. A decision by a federal district court in Washington analyzing whether to bifurcate an insured's breach of contract and bad faith claims against his insurer helps to illustrate many of the issues that courts consider when faced with a motion to bifurcate. Read More

Life Insurance

Two-Year Incontestable Period on Lapsed Policy Begins to Run Anew After Its Reinstatement, Fifth Circuit Rules
The U.S. Court of Appeals for the Fifth Circuit has ruled that, under Texas law, the two-year incontestable period on a life insurance policy that has lapsed begins to run anew after it has been reinstated. Read More

Life Insurance
Insured's RICO Claim Asserting Fraud to Deprive Him of Life Insurance Policy May Go Forward, 11th Circuit Rules
The U.S. Court of Appeals for the 11th Circuit has reversed a district court's order dismissing an insured's complaint and has ordered that the insured be permitted to amend his complaint to assert a claim under the Racketeer Influenced and Corrupt Organizations Act based on an alleged fraud to deprive him of his life insurance policy. Read More

Title Insurance
Discovery of Long Lost Cemetery Did Not Give Rise to Title Insurance Claim, Appellate Court Rules
A Florida appellate court has affirmed a trial court's decision dismissing an insured's claim against its title insurer for losses it allegedly suffered after it unearthed an abandoned cemetery during construction of a housing project. Read More

View All Case Law Developments

Health Insurance

Stop-Loss Insurance Coverage Bill Becomes Law in California
California Governor Edmund G. Brown Jr. has signed a package of bills to continue implementing federal health care reform in California, including SB-161, which establishes California as the state with the highest attachment points for stop-loss insurance coverage in the country. Read More


SCOR Turns to European Authorities to Contest Caisse Centrale de Réassurance Exclusivity on Natural Catastrophe Reinsurance in France
SCOR said that it will continue to challenge the French Constitutional Council decision upholding the constitutionality of Article L. 431-9 of France's Insurance Code, which exclusively gives the Caisse Centrale de Réassurance state backing for natural catastrophe reinsurance. Read More

View All Legislative/Regulatory Developments
Systemically Important Insurers: Who Are They and What Will it Mean to Be a GSII? Read More

Using Unfair and Deceptive Acts and Practices Statutes to Challenge Reinsurer Delays In Claims Payment 
Read More

Hot Issues in the Insurance Bad Faith Arena 
Read More

ACE Makes Executive Appointments in its Programs Business 
Read More

Forty Percent of Canadians Facing Financial Hardship after Serious Health Event 
Read More

View All Industry News

Q & A
Driver not Listed on Policy of Insured October, 2013


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
[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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