Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, October 23, 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.


Trial Strategy
The Risks of Pre-Trial Discovery Requests that Are Too Aggressive
When an insurance coverage case is in court, motion practice can become very aggressive. Sometimes, the costs of an overly broad and overly burdensome pre-trial discovery request can outweigh the benefits, as illustrated by a recent decision from the U.S. District Court for the Western District of New York. Read More

Life Insurance

The Long Life and, for the Owner, the Untimely Death, of a Flexible Premium Life Policy
The U.S. Court of Appeals for the Fifth Circuit, reversing a district court’s decision, has ruled that a life insurance carrier had sent timely notices to the owner of a flexible premium life insurance policy indicating that the policy was in a grace period, in compliance with applicable Louisiana law, and that the owner’s failure to remit payment in response therefore meant that the policy had terminated. Read More

Automobile Insurance
Finding Discovery Necessary, Court Refuses to Dismiss Insured’s Bad Faith Claim for “Delay”
A federal district court in Pennsylvania has refused to dismiss a statutory bad faith claim against an insurance carrier, finding that discovery was needed with respect to the insurer’s handling of the insured’s claim. Read More

Eye on the Experts
How to Purchase “Cyber” Insurance
“Cyber” insurance can be an extremely valuable asset in an organization’s strategy to address and mitigate cyber security, data privacy, and other risks. But selecting and negotiating the right insurance product can present a significant challenge given, among other things, the lack of standardized policy language and the fact that many “off the shelf” policies do not adequately match the organization’s risk profile. Here, Roberta D. Anderson of K&L Gates LLP offers five tips to help facilitate a successful cyber policy placement. Read More

View All Case Law Developments

Life Insurance

State Regulatory Debate Creates Uncertainty for U.S. Life Insurers, Fitch Says
A lack of consensus among state regulators on captive insurance companies and reserves is creating an uncertain environment for the U.S. life insurance industry, which ultimately could adversely affect insurer ratings, according to a new Fitch Ratings’ report. Read More

In the States

NAIC Begins 2014 Budget Approval Process
The National Association of Insurance Commissioners (“NAIC”) said that its proposed 2014 budget is proceeding through the approval process, following months of development by NAIC officers, the NAIC Internal Administration Subcommittee, NAIC Executive Committee, and executive staff. Read More

View All Legislative/Regulatory Developments
Critical Infrastructure Facing Increased Cyber Risk, According to Marsh Read More

Europe is a Reinsurance Buyer’s Market, with Loss Free Rates Likely Down Five to 10 Percent at January 1 Renewals, Willis Re Reports
Read More

No Medical Life Offers New Cancer Insurance Product in Canada
Read More

Mike Malouf Named President and CEO of Dearborn National Life Insurance Company
Read More

More and More “Loss of Use” Charges Appearing on Car Rental Bills
Read More

View All Industry News

Form Analysis
Commercial General Liability Definitions


Browse our entire library of over 2,500 insurance resources and forms.

View Entire October/November Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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].

FC&S Legal: The Insurance Coverage Law Information Center
To ensure future delivery of email, please add [email protected]
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2013 Summit Professional Networks, All rights reserved. Privacy Policy

5081 Olympic Blvd
Erlanger, KY 41018