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TODAY'S TOP DEVELOPMENTS Monday, October 21, 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.


Attorney’s Fees
Insurer in Subrogation Action May Not Recover Attorney’s Fees under the Carmack Amendment, Texas Appeals Court Concludes
A Texas appeals court has ruled that an insurance company in a subrogation action it brought in connection with alleged property damage that occurred during the interstate shipment of electronic equipment may not recover its attorney’s fees under the Carmack Amendment to the Interstate Commerce Act, which governs interstate cargo claims. Read More

Automobile Insurance

Insurer that Breached Duty to Indemnify Cannot Be Required to Pay Stipulated Judgment, Montana Supreme Court Rules
The Montana Supreme Court has ruled that an insurance company that breached its duty to defend its insured cannot be required to pay the amount of a stipulated judgment reached by its insured with an underlying plaintiff, observing that the insured in this situation had “little incentive to minimize the settlement amount in negotiating a stipulated judgment.” Read More

Commercial General Liability
When Is a Claim Asserted against an Insured? Email Communications, and Ultimately a Lawyer’s Letter, Doom Request for Coverage
A federal district court in Missouri has issued a decision setting forth “undisputed facts” that helped it determine when a “claim” had been asserted against a policyholder, and whether its subsequent notice to its insurer had been timely. Read More

Employee Benefits
$35 Million Settlement in Dispute over Handling of Cigna’s 401(k) Plan
A federal district court in Illinois has approved a $35 million settlement on behalf of Cigna employees and retirees in a dispute over the handling of Cigna’s 401(k) plan, the prudence and level of fees of certain plan investment options, and the sale of Cigna’s retirement business to the Prudential Retirement Insurance and Annuity Company. Read More

View All Case Law Developments

Insurance Fraud

Hole-in-One Golf Insurer Pleads Guilty to Three Felonies
A Connecticut businessman who insures golf tournament hole-in-one prizes but who prosecutors say has a history of failing to pay has pleaded guilty in Washington to two counts of selling insurance without a license and one count of first-degree theft. Read More

Alternative Risk and Captives

Jay Branum Becomes Director of Captives for South Carolina Department of Insurance
The South Carolina Department of Insurance has named William “Jay” Branum, an attorney and former senior executive with Munich Re Group, to be director of captives. Read More

View All Legislative/Regulatory Developments
Understanding Business Interruption Values Can Be Critical, Marsh Says Read More

Tokio Millennium Re Completes Redomestication to Switzerland
Read More

Colonial Life Advises Employers to Look Beyond Health Insurance
Read More

AIG Launches Service to Estimate Cost of Product Recalls; Raises Contaminated Product Insurance Limits to $35 Million
Read More

Alliance Group Launches Operations in Thailand
Read More

View All Industry News

Products and Completed Operations Coverage Automatically Included (Part I)


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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