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TODAY'S TOP DEVELOPMENTS Thursday, November 10, 2016  

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
Yet Another Court Decides That Workers’ Comp Payments Precluded Employee from Recovering UM/UIM Benefits
An appellate court in Texas, affirming a trial court’s decision, has ruled that an employee who received workers’ compensation benefits was not “legally entitled to recover” from his or her employer or co-employee and, therefore, was not entitled to uninsured/underinsured motorist benefits. Read More

Automobile Insurance
Insured’s Failure to Timely Sue Tortfeasor Barred UIM Claim, Minnesota Appeals Court Holds
An appellate court in Minnesota has ruled that an insured could not recover underinsured motorist benefits if the insured had failed to bring a timely suit against the tortfeasor, reasoning that the insured’s UIM claim had not ripened. Read More

Verdicts & Settlements
Jury in Insurance Bad Faith Case Awards $1 Million to Plaintiff Who Alleged Injury from Delay in Reopening Her Workers’ Comp Claim
An Arizona jury in an insurance bad faith case has awarded $1 million to a plaintiff who alleged that a workers’ compensation insurance carrier, claims management company, and adjuster delayed reopening her claim, resulting in additional pain and injury. Read More

Health Insurance
Indiana Supreme: P.I. Defendant May Introduce Discounted Reimbursements Negotiated Between Plaintiff’s Medical Providers and Plaintiff’s Government Healthcare Program
The Indiana Supreme Court has ruled that Indiana’s collateral-source statute permits a defendant in a personal injury lawsuit to introduce discounted reimbursements negotiated between the plaintiff’s medical providers and the plaintiff’s government-sponsored healthcare program, so long as insurance was not referenced. Read More

View All Case Law Developments

In the States

Voters Choose Commissioners
Voters may have replaced one Democratic insurance commissioner and re-elected another. They also voted on three open commissioner races, and they considered the idea of setting up a single-payer health care system in Colorado. Read More

Health Insurance
Federal Parity Task Force Seeks to Strengthen Insurance Coverage for Mental Health and Substance Use Disorders 
The Mental Health and Substance Use Disorder Parity Task Force has issued its final report announcing actions and recommendations to help ensure that Americans are benefiting from the mental health and substance use disorder parity protections under the Affordable Care Act. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “5 Keys to Minimizing Statutory Claims”  Read More

For Half of U.S., $100 a Month or Less Is the Most People Can Afford to Pay for Health Insurance, Survey Reports 
Read More

Geoff Kolander is New CEO of Citizens 
Read More

XL Catlin’s North America Property Insurance Team Promotes Two in U.S. and Bermuda  
Read More

Kemper Announces New Kemper Preferred Leader  
Read More

View All Industry News
When Autonomous Vehicles and Ride-Sharing Collide


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

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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, Cope Ehlers, 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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