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TODAY'S TOP DEVELOPMENTS Friday, November 11, 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.


Commercial Property
Sorry Shakespeare. There’s a Lot in a Name, as Kentucky Appeals Court Shows in Insurance Coverage Fight.
An appellate court in Kentucky has affirmed a trial court’s decision dismissing a complaint against an insurance company brought by an individual who was not the named insured under the insurance policy issued by the insurer. Read More

Automobile Insurance
Here’s Why Kentucky’s Top Court Upheld One “Owned-But-Not-Scheduled” Provision But Rejected Another
The Kentucky Supreme Court has upheld one insurance company’s owned-but-not-scheduled policy provision to deny underinsured motorist insurance (“UIM”) coverage for a motor vehicle owned by the insured but not scheduled for coverage under the owner’s policy – but in the same case it refused to enforce a second insurer’s owned-but-not-scheduled policy provision. Read More

Life Insurance
Employee’s Obituary Helped Doom Claim That He Was Insured under Employer’s Group Life Plan at His Death
A federal district court in Ohio has upheld an insurance company’s decision, relying in part on a published obituary, that a participant in a company’s group life and accidental death and dismemberment insurance plan was no longer an active employee of the company at the time of his death and, as a consequence, that the insurer was not required to pay death benefits to his beneficiaries. Read More

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

View All Case Law Developments

Workers Compensation

California Insurance Commissioner Asks Workers’ Comp Insurers to Reduce Rates
California Insurance Commissioner Dave Jones has issued a formal finding that costs to insurers in the workers’ compensation system are declining. As a consequence, he asked that workers’ compensation insurers pass those cost savings on to employers in the form of lower rates. Read More

Life Insurance
Pennsylvania Insurance Commissioner Highlights New Service to Find Lost Life Insurance Policies, Supports Legislation to Require Insurer Participation 
The Pennsylvania Insurance Department has begun using a new service to help locate lost life insurance policies, and Insurance Commissioner Teresa Miller announced her support for legislation, sponsored by Representative Marguerite Quinn (R - Bucks County), that would put this consumer service into law and require insurers to conduct the searches. Read More

View All Legislative/Regulatory Developments
Four Out of Five SMEs Fear Impact of Climate Change on Their Business, Zurich Survey Finds  Read More

U.S. Homeowners Premium Set to Surpass $90 Billion for First Time, According to Aon Study 
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

FC&S Legal Publishes “6 Steps to Maximize Business Insurance Recoveries Before the Next Weather Event”  
Read More

FC&S Legal Publishes “Investigating the Claims Investigation”  
Read More

View All Industry News
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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

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