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TODAY'S TOP DEVELOPMENTS Thursday, October 10, 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.


Bad Faith
Insurer Has No Duty to Initiate Settlement Negotiations or Offer Policy Limits in Absence of Demand or Settlement Offer, California Court of Appeal Rules
An appellate court in California has ruled that an insurance carrier, in the absence of a demand or settlement offer from the third party claimant, did not have a duty to initiate settlement negotiations or offer its policy limits. Read More

Trial Strategy

Battling over Remand to State Court, and Some Implicit Advice from a Washington Federal District Court
Another federal district court has considered whether to remand an insurance coverage case, offering implicit practical advice for both insureds and insurers on how to meet their goals. Read More

A Suit Too Soon: 11th Circuit Finds Insured's Action Seeking to Stem Subrogration Was Not Yet Justiciable
The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insured's declaratory judgment action seeking to protect the proceeds of a settlement that resolved her personal injury claim from a subrogation claim by her insurer was non-justiciable and not ripe for judicial review. Read More

Trial Strategy
Settling to Strike Bad Precedent from a Court Order
How can a party in an insurance coverage lawsuit avoid bad precedent once a court already has issued a decision? One possible solution: a settlement. Consider a recent decision out of the U.S. District Court for the Western District of Washington. Read More

View All Case Law Developments

Automobile Insurance

New California Law Makes Immigration Status Irrelevant for Driver's Licenses
A new California law makes immigration status irrelevant to the ability of a person to obtain a driver's license in that state. Read More

Workers' Compensation

Texas' Workers' Compensation Networks Show Drop in Medical Costs 
Workers' compensation networks certified by the Texas Department of Insurance continued to show improvements in medical costs, return-to-work outcomes, and health outcomes, according to the latest annual report card published by the department's Workers' Compensation Research and Evaluation Group. Networks produced better return-to-work and health outcomes compared to non-network claims for the 2013 report card. Read More

View All Legislative/Regulatory Developments
Montpelier Re Subsidiary Files Registration Statement for Proposed IPO Read More

Endurance Names Graham Evans to Head New International Insurance Platform 
Read More

New Product from Nationwide Links Dental Discounts, Affordable Network Access 
Read More

CCW Investigates Group Medical Insurance Sustainability 
Read More

Top 10 States with the Highest Car Insurance Rates Are... 
Read More

View All Industry News

Personal Effects and Property in the Insureds 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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