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TODAY'S TOP DEVELOPMENTS Monday, October 28, 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.


Automobile Insurance
Policyholder's Coverage Suit Can Proceed Where He Sufficiently Identified Claim against Insurer in His Bankruptcy Case, Court Rules
A federal district court in Pennsylvania has rejected an insurance carrier's "judicial estoppel" argument and ruled that a policyholder sufficiently had identified a coverage claim against his insurance carrier in his bankruptcy case, thus allowing him to assert the claim against the insurer in a lawsuit he filed after he had received his bankruptcy discharge. Read More

Automobile Insurance

In Out-of -State Accident Case, Appeals Court Finds that Policy's Extraterritorial Clause Referred Only to Other State's Financial Responsibility Law, Not Its UIM Limits
A Wisconsin appellate court has ruled that an extraterritorial clause in an automobile insurance policy issued in Montana referred only to Wisconsin's financial responsibility law, not to the rules regarding the minimum amounts and types of coverage required to use Wisconsin's roads. Read More

Homeowners Insurance
Court Dismisses Homeowners' Force-Place Insurance Claims under RESPA and the FDCPA
A federal district court in Alabama has dismissed two homeowners' force-place insurance-related claims against a lender and mortgage servicer under the Real Estate Settlement Procedures Act and the Fair Debt Collection Practices Act. Read More

Personal Lines
Policyholder's Request for Insurer's Personnel Info, Including Bonus Awards, is Upheld in Bad Faith Case
A federal district court in California has rejected an insurance carrier's objections to a policyholder's request for personnel data, including performance rating and bonus information, in a bad faith case, finding that the request was "not overly broad, unduly burdensome, vague, or ambiguous," and that the insurer's confidentiality and proprietary concerns, and its concerns about its employees' privacy, had been addressed by a confidentiality agreement it had signed with the policyholder. Read More

View All Case Law Developments


Extension of "Little Known Deadline" for Lawsuits Challenging Insurance Payments for Superstorm Sandy Claims Sought by N.Y. Senators
U.S. Senator Charles E. Schumer is calling on the Federal Emergency Management Agency to extend the statute of limitations for Superstorm Sandy victims to challenge their insurance companies' decisions on their claims. Read More

Workers Compensation

Florida Insurance Commissioner Rejects NCCI Workers Compensation Rate Filing
Florida Insurance Commissioner Kevin M. McCarty has issued an order notifying the National Council on Compensation Insurance that its one percent proposed annual rate filing increase in Florida's workers compensation insurance rates has been disapproved. Read More

View All Legislative/Regulatory Developments
Marsh Launches Individual Professional Liability Protection for Lawyers Read More

Suspicious Personal Property Claims Up 46 Percent, According to NICB Report
Read More

Survey Finds Employer Groups and Insurers Will Consider Private Exchanges as Powerful New Sales Channel
Read More

National Association of Professional Women Names State Farm's Cheri Rolofson as VIP Woman of the Year
Read More

Riding Out the Storm with Collector-Car Insurance Coverage
Read More

View All Industry News

Q & A
Bodily Injury and Illegal Strip Search


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

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].

FC&S Legal: The Insurance Coverage Law Information Center
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