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TODAY'S TOP DEVELOPMENTS Thursday, November 5, 2015

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.


Insurer's Failure to Intervene in Insured's Action Against Alleged Tortfeasor Dooms Its Subrogation Action
An appellate court in Georgia, reversing a trial court's decision, has ruled that a workers' compensation insurance carrier that failed to intervene in its insured's lawsuit against an alleged tortfeasor could not later bring a subrogation action against that defendant. Read More

Automobile Insurance
Louisiana Supreme Court Rejects Claim Based on Insurance Department's Failure to Provide Adequate Form
The Louisiana Supreme Court, reversing an appellate court's decision, has ruled that the insured's modifications to the uninsured motorist selection form approved by the Commissioner of Insurance effectively selected lower limits where the insurance department had no appropriate form at the time. Read More

Verdicts & Settlements
Jury Awards Plaintiff $59,045.98 After His Mercedes Was Totaled
A New York jury has awarded a plaintiff $59,045.98 in damages after his Mercedes was totaled while it was parked on a city street. Read More

Commercial General Liability
Vermont Supreme: Insured's Lack of Cooperation Relieved Insurer of Obligations to Defend and Indemnify
The Vermont Supreme Court, affirming a trial court's decision, has ruled that an insured had breached his obligation to cooperate with his insurance company, which relieved the carrier of its obligations to defend and indemnify. Read More

View All Case Law Developments

In the States

Louisiana Insurance Commissioner Jim Donelon is Re-Elected to Fourth Term
Louisiana Insurance Commissioner Jim Donelon, a Republican, has been re-elected to a new term as Louisiana's insurance commissioner. Read More

Federal Actions
Social Security Disability Payments Were 99.88 Percent Accurate Over 10 Years, But Overpayments Still Totaled $11 Billion
The Social Security Administration made $11 billion in overpayments over 10 years, according to a new study by the U.S. Government Accountability Office. Read More

View All Legislative/Regulatory Developments
ACE Announces Future Leadership Team for North American Claims Organization Read More

AIG Invests $4 Million with Clemson to Establish Risk Engineering and Analytics Center; Endows Robert Benmosche Professorship 
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Idaho" 
Read More

Sun Life Financial Appoints Scott F. Powers to the Board 
Read More

FC&S Legal Publishes "Seventh Circuit Issues 'Warning' For Insurers Who Fail To Defend" 
Read More

View All Industry News
Misrepresentation, Cancellation, and Voiding of Policy


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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
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

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