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TODAY'S TOP DEVELOPMENTS Tuesday, October 22, 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.


Commercial Property
New York’s Top Court Rules that “Vandalism” Does Not Require Acts Directed at Covered Policy, But Does Require Malice
In response to two questions relating to a property insurance policy covering acts of “vandalism” certified to New York’s top court, the New York Court of Appeals, by the U.S. Court of Appeals for the Second Circuit, the New York Court of Appeals has ruled that.... Read More

Workers’ Compensation

N.Y. Workers’ Comp Law Does Not Require Apportionment of Death Benefits Between Work-Related and Non-Work-Related Causes, N.Y.’s Highest Court Rules
New York’s top court, the New York Court of Appeals, has ruled that the state’s workers’ compensation law does not require apportionment of death benefits between work-related and non-work-related causes. That is, the court has decided that the law does not mandate that the state’s workers’ compensation board factor out non-work-related causes of death when making an award. Read More

Workers’ Compensation
Louisiana’s Anti-Assignment Law Does Not Prohibit Assignment of Health Care Provider’s Claims to a Third Party, State’s Top Court Holds
The Louisiana Supreme Court has ruled that the state’s workers’ compensation laws did not prohibit the assignment of a health care provider’s claims to a third party, even where the third party was not itself a health care provider. Read More

Automobile Insurance
Insurance Commissioner’s Forms Boosted by West Virginia Supreme Court’s Ruling
The Supreme Court of Appeals of West Virginia has issued a decision that is likely to ensure as a practical matter that automobile insurers in West Virginia will use the West Virginia Insurance Commissioner’s prescribed forms rather than their own modified forms, no matter how minor the differences. Read More

View All Case Law Developments


NAMIC Calls on Senate to “Protect Flood Insurance Reforms”
Reforms to the National Flood Insurance Program passed into law just last year must be allowed to proceed to begin the process of providing financial stability for the program and to continue ensuring that coverage is available, in the view of the National Association of Mutual Insurance Companies. Read More

Federal Actions

Prudential Passes: Company Will Not Challenge SIFI Designation
Prudential Financial, Inc. has decided that it will not challenge its designation as a non-bank systemically important financial institution by the Financial Stability Oversight Council. Read More

View All Legislative/Regulatory Developments
MagMutual Creates a Captive Read More

OneAmerica Names Patrick M. Foley President of Individual Life and Financial Services
Read More

Kaiser Highlights “Coverage Gap” for Uninsured Poor Adults in States that Have Not Expanded Medicaid
Read More

Pets Best Announces Launch of Full Hereditary and Congenital Pet Insurance Coverage
Read More

ACUITY to Begin Major Headquarters Expansion Project
Read More

View All Industry News

Products and Completed Operations Coverage Automatically Included (Part II)


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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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