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TODAY'S TOP DEVELOPMENTS Monday, November 4, 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.


Homeowners Insurance
7th Circuit: "Residence Premises" Is Ambiguous and Includes Mobile Homes on Property in which Insureds Live
The U.S. Court of Appeals for the Seventh Circuit, reversing a district court's decision, has ruled that the term "residence premises" in a homeowner's policy was ambiguous and included the mobile homes in which the insureds were living that were located on the same lot as the insureds' house. Read More

Homeowners Insurance

Motor Vehicle Exclusion in Homeowner's Policy Barred Coverage of Claims after Two-Year-Old Was Run Over in Driveway By Insured's Pickup Truck
Reversing a trial court's decision, a California appellate court has ruled that a motor vehicle exclusion in a homeowner's insurance policy barred coverage of claims against the insured homeowner and his wife after he accidentally ran over his granddaughter with his pickup truck. Read More

Automobile Insurance
Policy Prohibited Trial Court from Vacating Arbitration Award, Appellate Court Decides
An intermediate appellate court in New York has ruled that a trial court should not have vacated a $10,000 award in favor of an insured to award the insured the full $25,000 supplementary uninsured/underinsured motorist ("SUM") benefits available under her automobile insurance policy. Read More

Employee Benefits
No Death Benefits to Beneficiary Where Longtime Employee Had Not Been Working 30 Hours per Week and Thus Was Not Covered by Policy, Despite Employer's Belief that She Was Covered, Court Rules
A federal district court in Ohio has ruled that the life insurance beneficiary of a longtime employee was not entitled to death benefits under the policy because the employee had not been working at least 30 hours per week and, therefore, was not eligible for the insurance – even though the employer had believed that she was eligible. Read More

View All Case Law Developments

Homeowners Insurance

Florida CFO to Florida Insurance Commissioner: "Why Have Rates Not Come Down?"
Florida Chief Financial Officer Jeff Atwater has sent a letter to Florida Insurance Commissioner Kevin McCarty regarding the reinsurance market and his concerns about the cost of property insurance for Floridians. Read More

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

View All Legislative/Regulatory Developments
Displaced New Jersey Residents Rate Insurers Poorly on Sandy Recovery Read More

One Year Later, Lawyers Say Superstorm Sandy Insurance Battles Could Take Years to Resolve
Read More

AIA Highlights Lessons Learned from Superstorm Sandy
Read More

Coverys Agrees to Acquire OHA Holdings
Read More

NFL Head-Injury Settlement Could Have Broad Insurance Coverage Implications, Marsh Says
Read More

View All Industry News

Medical Marijuana


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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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