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TODAY'S TOP DEVELOPMENTS Tuesday, October 8, 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.


The Supreme Court
First Monday in October: Insurance Cases at the U.S. Supreme Court
The U.S. Supreme Court will hear at least three insurance-related cases in its 2013 term, which begins today. Here is a short summary of these cases.... Read More

Commercial General Liability

Insurer Has No Duty to Defend or Indemnify Insureds Where Suit Sought Injunctive Relief But No Compensatory Damages, California Appeals Court Holds
A California court of appeal has held that when an insurance company issues a liability policy, agreeing to indemnify its insured against a third party claim for damages covered under the policy and to defend the insured against any such claim, the insurer does not have a duty to defend the insured against a third party lawsuit seeking injunctive relief but no compensatory damages. Read More

Life Insurance
For Want of a Job, a Policy May Have Lapsed, But Beneficiary's Claim against Insured's Former Employer Fails
A federal district court in Idaho has dismissed an action by the beneficiary of an insurance policy on her brother's life against the company that fired her brother in which she claimed that the firing led to the lapsing of the policy, and her loss of its benefits after her brother's death. Read More

Contractual Liability Exclusion Dooms Coverage Claim against Judgment Debtor's Insurer
The U.S. Court of Appeals for the Ninth Circuit has reversed a district court's decision and ruled that an insurer had no liability for a judgment against its insured as a result of the policy's contractual liability exclusion. Read More

View All Case Law Developments

In the States

New York Regulators Ban Harbinger Capital's Philip Falcone from Involvement with All New York-Licensed Insurers
Harbinger Capital's Philip A. Falcone has been banned by the New York Department of Financial Services from exercising direct or indirect control over the management, policies, operations, and investment funds of Fidelity & Guaranty Life Insurance Company of New York or any other New York-licensed insurer for a period of seven years. Read More

Errors & Omissions

FINRA May Require that Securities Brokers Carry Arbitration Insurance
The Financial Industry Regulatory Authority, which is the largest independent regulator for all securities firms doing business in the United States, has told the Wall Street Journal that it will consider requiring brokerage firms to carry insurance that would cover the payment of arbitration awards to investors. Read More

View All Legislative/Regulatory Developments
Julia Graham of DLA Piper Elected President of the Federation of European Risk Management Associations  Read More

Alan J. Rosenberg Joins The Willis Law Group as a Partner 
Read More

North Shore-LIJ CareConnect Insurance Company – The First Fully Integrated Provider-Owned Article 42 Insurance Company in New York – Offers New Health Plans 
Read More

Metlife Announces Availability of ACA Compliant Dental Plans 
Read More

Liberty Mutual Insurance's Commercial Insurance Unit Names Thomas J. Kelley Vice President and Managing Director  
Read More

View All Industry News

Q & A
Personal Effects and Property of Others in the Insured's, Care, Custody, or Control 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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