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TODAY'S TOP DEVELOPMENTS Thursday, October 24, 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.


Illinois Insurance Guaranty Fund’s Cap Is Inapplicable to Claims under Excess Workers’ Comp Policies, State’s Highest Court Rules
The Illinois Supreme Court has ruled that the statutory cap on the amount payable by the Illinois Insurance Guaranty Fund on claims against an insolvent Illinois insurer that is inapplicable to “any workers compensation claims” under policies providing primary coverage to employers also is inapplicable to any claims under policies issued by insolvent Illinois insurers providing excess coverage for workers’ compensation awards. Read More

Statute of Limitations

Insurance Carrier Had Burden of Proof on Insureds’ Tolling Defense, Connecticut Supreme Court Holds
A divided Connecticut Supreme Court has ruled, 5-2, that an insurance carrier that moved for summary judgment on timeliness grounds based on a Connecticut statute of limitations had the burden to establish that there was no genuine issue of material fact concerning whether the policyholders had brought their action within the period provided by the statute or had met the tolling provisions provided in the statute. Read More

Trial Strategy
Can Naming an Insurance Adjuster as a Defendant Help to Defeat Diversity Jurisdiction?
When a policyholder sues an insurance company in a state court, it may have to face the carrier’s effort to remove the case to federal court. Can adding an insurance adjuster as a defendant help to defeat diversity, and the carrier’s efforts to litigate in federal court? A recent decision by the U.S. District Court for the Northern District of Texas suggests that the answer may be yes. Read More

Commercial Auto
“Additional Insured” Was Not Entitled to Notice of Policy’s Termination, Indiana Appellate Court Rules
An Indiana appellate court has affirmed a trial court’s decision and has ruled that an additional insured was not entitled to notice of the policy’s termination. Read More

View All Case Law Developments

Health Insurance

Minnesota Seeks Federal Investigation of Humana’s Claims Handling under Private Medicare Policies
Minnesota Attorney General Lori Swanson has asked the federal agency responsible for regulating private Medicare insurance policies to investigate and remedy complaints by Minnesota senior citizens alleging improper claims handling by Humana, which sells private Medicare policies in Minnesota. Read More

In the States

Michigan Insurance Director Kevin Clinton Nominated to be State Treasurer as Ann Flood Is Named to Replace Him
Kevin Clinton, currently the director of the Michigan Department of Insurance and Financial Services, has been named the new state treasurer by Governor Rick Snyder. Governor Snyder appointed Ann Flood as the new director of DIFS. Read More

View All Legislative/Regulatory Developments
Teresa Black Appointed Senior Vice President and Chief Operating Officer at ACE USA Surety Read More

Christopher Donelan to Lead North American Reinsurance at Endurance
Read More

Greg Somerville Becomes President and CEO of Aviva Canada
Read More

Allied World Elects Eric S. Schwartz to Board of Directors
Read More

Sallie Mae Insurance Services Launches New Life Insurance Plan
Read More

View All Industry News

Resident Relatives


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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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