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TODAY'S TOP DEVELOPMENTS Thursday November 13, 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.


Superstorm Sandy
Citing "Startling Findings," Magistrate Judge in Superstorm Sandy Cases Sanctions Insurer and Its Counsel and Broadly Expands Discovery in All Sandy Cases
U.S. Magistrate Judge Gary R. Brown of the Eastern District of New York, citing “startling findings” of “reprehensible gamesmanship by a professional engineering company that unjustly frustrated efforts by two homeowners to get fair consideration of their claim” following Superstorm Sandy – and evidence that “these unprincipled practices may be widespread, and may have similarly affected “hundreds” and “possibly more” Sandy flood insurance claims – has sanctioned an insurer and its counsel, and has significantly broadened discovery in all Sandy cases in the district. Read More

Automobile Insurance

"Loss of a Fetus," for Purposes of New York Insurance Law, Did Not Include Premature Birth of Living Child, Appeals Court Rules
Reversing a trial court’s decision, an appellate court in New York has ruled that, for purposes of determining under the state’s insurance law whether a woman had suffered a “serious injury” in an automobile accident, the term “loss of a fetus” did not include the premature birth of a living child. Read More

Employee Benefits
Insurer Must Pay Accidental Death Benefits Even Though Deceased Insured "Would Not Have Drowned But For a Seizure"
A federal district court in Pennsylvania has rejected an insurance company’s conclusion that a policy exclusion barred payment of an accidental death benefit where the insured drowned in his bathtub, even though he “would not have drowned but for a seizure. Read More

Attorney's Fees
Massachusetts Supreme: Party Seeking PIP Benefits May Refuse Insurer's Pre-Judgment Tender, Proceed with Suit, and Obtain Attorney's Fees if Successful
The Massachusetts Supreme Judicial Court has ruled that an unpaid party who brought suit under Massachusetts G.L. c. 90, § 34M, against an insurance company for personal injury protection benefits and who, thereafter, refused the insurer’s tender of amounts due and payable, made prior to the entry of judgment, may proceed with the suit and, if successful, may obtain a judgment for those amounts as well as its attorney’s fees and costs. Read More

View All Case Law Developments

Federal Actions

Bupa Insurance Company Settles Potential Civil Liability for Apparent Violations of Multiple Sanctions Programs
Bupa Insurance Company, Bupa Worldwide Corporation, and USA Medical Services Corporation, Florida corporations located in Miami, Florida, that are affiliates of an international health care group headquartered in the United Kingdom, have agreed to remit $128,704 to the U.S. government to settle potential civil liability for 39 apparent violations of the Narcotics Trafficking Sanctions Regulations, the Foreign Narcotics Kingpin Sanctions Regulations, or the Cuban Assets Control Regulations that allegedly occurred between Mach 26, 2008 and March 1, 2011. Read More

Workers Compensation

Florida Insurance Department Rejects NCCI's Workers' Compensation Rates
Florida’s Office of Insurance Regulation has notified the National Council on Compensation Insurance (“NCCI”) that its proposed 3.3 percent overall decrease in workers’ compensation rates in Florida as filed had been disapproved. The Florida regulator said that NCCI, which files on behalf of approximately 250 workers’ compensation insurers with Florida policyholders, could re-file an overall rate reduction of 5.2 percent instead. Read More

View All Legislative/Regulatory Developments
Hudson Insurance Group Acquires Surety Business Portfolio Read More

Security Life Launches New ACA Group Dental Insurance Product 
Read More

Allied World Appoints Neil Lightbown to Chief Underwriting Officer for Global Markets 
Read More

Richard Lavey Becomes President of Personal Lines at The Hanover Insurance Group 
Read More

Aspen US Insurance Realigns Casualty Business Read More

View All Industry News
Form Analysis
Employee Theft and Forgery Policy


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

View Entire October/November Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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

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