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TODAY'S TOP DEVELOPMENTS Wednesday, October 9, 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.


Delaware Supreme Court
UIM Benefits Are Not Available for a Wrongful Death Plaintiff Who Stands in the Shoes of a Non-Insured Decedent
The Delaware Supreme Court has reaffirmed that wrongful death plaintiffs may not recover underinsured motorist benefits following the death of a decedent who was not an insured under the UIM policy, rejecting a request that it overrule its precedents to change that rule. Read More

Oregon Supreme Court

Insured's Initial Accident Report Was Not a Sufficient Proof of Loss for a UIM Claim
The Oregon Supreme Court has ruled that an initial accident report filed by an insured with her own automobile insurance carrier was insufficient to constitute a "proof of loss" for an underinsured motorist claim. While offering some guidelines, the court did not set forth a bright line rule for determining what actually constitutes a sufficient proof of loss for UIM benefits. Read More

Commercial Property
Cheese Manufacturer's Damages from Government-Ordered Recall are Not Covered by Commercial Property Policy, Michigan Appeals Court Rules
A Michigan appellate court has affirmed a trial court's decision in favor of an insurance carrier, finding that it had not breached the commercial property policy it had issued to a cheese manufacturer when it had failed to pay the manufacturer for losses associated with a government-ordered recall of its cheese products. Read More

Sovereign Immunity Bars Insureds' Claims against FEMA and Its Administrators Where WYO Insurers Had Denied Claims, Court Rules
A federal district court in Mississippi has ruled that sovereign immunity required that it dismiss litigation brought by a number of insureds against the U.S. Department of Homeland Security's Federal Emergency Management Agency, FEMA's administrator, and FEMA's director of claims, where the insureds' claims had been denied by the "Write Your Own" insurance carriers that had issued each of them a standard flood insurance policy under the National Flood Insurance Program. Read More

View All Case Law Developments

International Regulation

European Commission to Delay Solvency II until January 2016
The European Commission has proposed delaying the application date of Solvency II until January 1, 2016. Read More

Title Insurance

Government Shutdown Duration Could Affect Title Insurers, Fitch Says 
Just how long the U.S. government shutdown lasts will be a key variable in determining the impact, if any, for U.S. title insurance companies' margins, according to Fitch Ratings. Read More

View All Legislative/Regulatory Developments
ING Insurance Rebrands to "NN" Read More

Aspen Re Appoints Jamie Lewis as Head of Casualty Reinsurance in London 
Read More

Colonial Life Releases Enhanced Whole Life Insurance Plan 
Read More

Ironshore Announces Capacity Increase to $300 Million for Global Terrorism Coverage 
Read More

New Insurance Industry Events Added to FC&S Legal Calendar 
Read More

View All Industry News

War Exclusion Clause October, 2013



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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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