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TODAY'S TOP DEVELOPMENTS Wednesday, October 16, 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.


Automobile Insurance
Declaring that Illinois Law Eliminated Insurance Agent-Broker Dichotomy, Appellate Court Finds that Both Agents and Brokers Owe Insureds a Duty of Care
An Illinois appellate court has reversed a trial court's decision dismissing an action against an insurance agent on the ground that agents do not owe insureds a duty of care, finding that under Section 2–2201 of the Illinois Insurance Placement Liability Act, the insurance agent-broker dichotomy no longer exists in Illinois for purposes of determining the duty of care. Read More

Commercial Property

Ruling for Insurance Broker, Court Finds that Insured Could Not Have Obtained Pollution Liability Coverage Even If It Had Been Recommended
A federal district court in Kentucky has granted an insurance broker's motion for summary judgment, finding that even if it had breached a duty it owed to the insured to recommend pollution liability coverage, the insured would not have been able to obtain it. Read More

Automobile Insurance
Loss of Consortium Claimant May Not Receive Separate UIM Policy Limit, Utah Court Rules
A federal district court in Utah has ruled that an automobile insurance company was not required to pay underinsured motorist benefits for "loss of consortium" to an insured whose wife lost her leg in an automobile accident where he was not injured in the accident. Read More

Eye on the Experts
Enforcement Under the New Jersey Insurance Fraud Prevention Act Will Be Swift Without Jury Trial
As a result of a recent decision by a New Jersey appellate court, combating insurance fraud should be quicker and less expensive for insurance carriers in New Jersey. Read More

View All Case Law Developments

Directors & Officers

FDIC Warns Banks about Increase in D&O Exclusions
The Federal Deposit Insurance Corporation has issued an advisory statement on director and officer liability insurance policies, exclusions, and indemnification for civil money penalties. Read More

Alternative Risk and Captives

Vermont Licenses 1,000th Captive Insurance Company
Vermont has licensed its 1,000th captive insurance company: Cassatt Insurance Group, a group of nine independent nonprofit hospitals in southeastern Pennsylvania that share risk in providing medical liability coverage for 1,200 physicians. Read More

View All Legislative/Regulatory Developments
New 16-State Benchmarking Study Measures Costs of Treating Workplace Injuries Read More

Guardian Introduces Stop Loss Insurance for Self-Funded Health Plans
Read More

Bryan Sanders to Succeed John Latham as President of Markel Wholesale
Read More

Pan-American Life Names Jose Luis Vargas New Country Manager and Launches Life Insurance and Personal Accident Portfolio of Products in Puerto Rico
Read More

Vice Chairman David Nadler to Retire from Marsh & McLennan Companies
Read More

View All Industry News

Removal of Fence by Neighbor


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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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