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TODAY'S TOP DEVELOPMENTS Monday, October 24, 2016  

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.


Automobile Insurance
New Mexico Supreme: Worker Injured by Co-Worker Operating Employer's Vehicle Was Not "Legally Entitled to Recover" Damages Under Employer's UM/UIM Coverage
The New Mexico Supreme Court, responding to a question certified to it by the U.S. District Court for the District of New Mexico, has ruled that a worker injured in the course of employment by a co-worker operating an employer owned motor vehicle was not a person "legally entitled to recover damages" under his employer's uninsured/underinsured motorist coverage. Read More

Automobile Insurance
North Dakota Supreme: Insured's Failure to Show She Was "Legally Entitled to Recover" from Vehicle's Owner Doomed Her UIM Claim
The North Dakota Supreme Court, affirming a trial court's decision, has ruled that an insured had not demonstrated that she was "legally entitled to recover" from the owner of a vehicle involved in an accident in which she was injured and, therefore, that she could not claim underinsured motorist benefits. Read More

Automobile Insurance
After Finding "Other Owned Vehicle" Exclusion Valid, Maine's Top Court Explains How to Calculate UM/UIM and Medical Benefits
The Supreme Judicial Court of Maine has upheld a trial court's decision enforcing an "other owned vehicle" exclusion in an automobile insurance policy, and has explained how to calculate the amount of uninsured/underinsured motorist coverage and medical payments coverage payable to the insured for injuries she sustained in an automobile accident. Read More

Superstorm Sandy
Superstorm Sandy Coverage Suit Brought More Than Two Years After Loss Was Untimely, N.Y. Federal Court Decides
The U.S. District Court for the Eastern District of New York has dismissed a breach of contract action brought by a homeowner whose property was damaged by Superstorm Sandy against her insurance carrier, ruling that the action was untimely because it had not been filed within two years from the date of loss as required by the homeowner's insurance policy. Read More

View All Case Law Developments

Health Insurance

New York Issues Guidance to Insurers on Coverage for Substance Abuse Treatment
The New York State Department of Financial Services has issued guidance to health insurers outlining new insurance coverage requirements for substance abuse treatment. Read More

Insurance Fraud
Former California Insurance Agent Pleads to Charge She Embezzled Over $100,000 from Elderly Mother's Trusts 
Christine Ann Cooper, 64, a former licensed insurance agent in California, has pleaded nolo contendere to one felony count of embezzlement, forgery, fraud, or identity theft from an elder or dependent adult and one felony count of grand theft of property after being charged with embezzling approximately $129,000 from her mother's trust accounts over a nine-year period. Read More

View All Legislative/Regulatory Developments
Can You Spot Major Causes of Teen Crashes and Injuries? Read More

FC&S Legal Publishes "The Cloud Is Less of a Threat to Cyber Insurers" 
Read More

Richard Edsall Joins Argo Pro as Senior Vice President for Commercial Management Liability 
Read More

American Land Title Association Names Daniel D. Mennenoh as President 
Read More

National General Holdings Closes Acquisition of Standard Property & Casualty 
Read More

View All Industry News
Vacuum Damaging a Couch


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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, Cope Ehlers, 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
Cort T. Malone, Anderson Kill, P.C.
Richard 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
Thomas F. Segalla, Goldberg Segalla
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

FC&S Legal: The Insurance Coverage Law Information Center

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