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TODAY'S TOP DEVELOPMENTS Thursday October 23, 2014

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.


Can Insurer Sue Under Its Trade Name? Wisconsin Court, Applying Ohio Law, Decides that It Can
A federal district court in Wisconsin, applying Ohio law, has ruled that an insurance company had the legal capacity to bring a subrogation action under its trade name. Read More

Commercial Lines

Anatomy of a Bad Faith Case: How a Court, Finding No Duty to Defend, Still Ruled that the Insurer Had Acted in Bad Faith
A recent decision by a federal district court in Washington, finding that an insurance company had no duty to defend an additional insured but nevertheless had acted in bad faith, highlights the issues and considerations that go into such a finding and is worth exploring in detail. Read More

Commercial General Liability
Court Resolves International Choice-of-Law Problem in Contribution Case
A federal district court in New York has answered the question of which statute of limitations applied to a dispute in equity between an Israeli insurance company and two New York-based (and Pennsylvania-incorporated) insurance companies arising from claims paid in Israel on policies written to a California-based (and Delaware-incorporated) worldwide construction firm. Read More

Life Insurance
Insurer Not Liable to First Assignee of Life Insurance Benefits for Paying Benefits to Second Assignee, Texas Appeals Court Concludes
An appellate court in Texas, affirming a trial court’s decision, has ruled that a life insurance company was not liable to the first assignee of benefits under a life insurance policy for paying the benefits to the second assignee, even though it had been aware of the first assignment before it had received a claim from the second assignee. Read More

View All Case Law Developments

Federal Actions

In Letter to Treasury Secretary Lew, Delaware Insurance Commissioner Objects to MetLife’s SIFI Designation
Delaware Insurance Commissioner Karen Weldin Stewart has asked Treasury Secretary Jacob Lew to reconsider the proposed determination by the Financial Stability Oversight Council that MetLife, Inc., should be designated a nonbank systemically important financial institution under the Dodd-Frank Wall Street Reform and Consumer Protection Act. Read More

Insurance Fraud

New Jersey Woman Acknowledges Scamming Health Care Insurer More than 100 Times
A Monmouth County, New Jersey, woman has pleaded guilty for submitting fraudulent healthcare claims that totaled more than $500,000 to her insurer over a two-year span. Read More

View All Legislative/Regulatory Developments
Insurance Industry’s Artists Showcasing Artwork at Lloyd’s Annual Art Show Read More

Rowley Higgs Is Appointed Mergers & Acquisitions Underwriter at XL Group 
Read More

Swiss Re Admin Re to Sell U.S. Subsidiary Aurora to Reinsurance Group of America 
Read More

Former AXA Equitable Associate General Counsel Dodie C. Kent Joins Sutherland as a Partner in New York 
Read More

Hamilton U.S. Holdings Acquires Valiant Insurance Company and Valiant Specialty Insurance Company Read More

View All Industry News
Form Analysis
Personal Liability Supplement


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
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
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, Rivkin Radler 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 ($1,295 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

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