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TODAY'S TOP DEVELOPMENTS Friday, October 25, 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.


Montana Supreme
Insurer that Breached Duty to Indemnify Cannot Be Required to Pay Stipulated Judgment, Montana Supreme Court Rules
The Montana Supreme Court has ruled that an insurance company that breached its duty to defend its insured cannot be required to pay the amount of a stipulated judgment reached by its insured with an underlying plaintiff, observing that the insured in this situation had “little incentive to minimize the settlement amount in negotiating a stipulated judgment.” Read More

New York

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

New York
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

Connecticut Supreme
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

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

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
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

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

Colonial Life Advises Employers to Look Beyond Health Insurance
Read More

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

View All Industry News

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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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