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TODAY'S TOP DEVELOPMENTS Thursday October 30, 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.


Georgia Supreme Court Asked by Eleventh Circuit to Determine Effect of Insured's Settlement of Securities Claim without Excess Insurer's Consent
The U.S. Court of Appeals for the Eleventh Circuit has certified three questions to the Supreme Court of Georgia so that it can determine (1) whether an insured was "legally obligated" to pay a securities claim, within the meaning of the insurance policy, and (2) whether an insured's failure to obtain its insurer's consent in advance to a settlement agreement barred the insured from seeking payment under the policy even if the insurer withheld unreasonably its consent to the settlement agreement. Read More

Automobile Insurance

UIM Benefits Only May Be Offset Against Uninsured Motorist's Insurance, Not Other Alleged Tortfeasors' Insurance, Arizona Court Rules
A federal district court in Arizona has ruled that, as a result of the Uninsured/Underinsured Motorist Act as enacted in Arizona and an Arizona law that abolishes joint and several liability in most tort cases, an automobile insurance carrier could offset underinsured motorist benefits only against liability insurance that covered the uninsured motorist and not against liability insurance that covered other alleged tortfeasors. Read More

Automobile Insurance
When Calculating Amount Payable to Injured Employee, Employer's UIM Insurer Properly Deducted At-Fault Driver's Payment to Employer's Workers Comp Carrier, Seventh Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit, affirming a decision by the U.S. District Court for the Central District of Illinois, has ruled that, when calculating the amount payable to an employee injured in an automobile accident at work who also had received workers compensation benefits, the employer's underinsured motorist insurance carrier had properly deducted the amount the at-fault driver's insurance company had paid to the employer's workers compensation insurer. Read More

Environmental Liability
Massachusetts Supreme: Insured May Bring Unfair Practices Action after Accepting Full Reimbursement from Its Insurer
The Massachusetts Supreme Judicial Court has ruled that neither an insured's acceptance of full reimbursement of its expenses from its insurer nor the absence of a judgment in the insured's favor establishing contract damages precluded the insured from pursuing a statutory unfair practices claim against the insurer. Read More

View All Case Law Developments

Insurance Fraud

Insurance Fraud Prosecutor Named for Dallas County
The Texas Department of Insurance has named Amy Allen as a fraud prosecutor who will work exclusively with criminal prosecutors in the Dallas County District Attorney's Office to combat insurance fraud. Read More

Automobile Insurance

Additional Charges Filed in Alleged Two-State Auto Insurance Fraud
A Massachusetts grand jury has returned 59 additional counts of insurance fraud, perjury, and conspiracy against a total of 10 defendants in connection with an insurance fraud ring allegedly operating in Massachusetts and in the metropolitan New York City area. Read More

View All Legislative/Regulatory Developments
Demand for Permanent Life Insurance Growing in Career Military Families, First Command Reports Read More

Susan Steinhoff Joins Hamilton Re as SVP of Property 
Read More

Ironshore Offers Luxury Yacht Insurance Program 
Read More

NICB Report Shows Heavy Equipment Theft Increased Five Percent in 2013 
Read More

XL Group Names Eric Zandvliet Senior Underwriter of Political Risk and Trade Credit Read More

View All Industry News
Bad Faith and Insurer Actions


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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
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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