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TODAY'S TOP DEVELOPMENTS Friday, November 15, 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.


Directors & Officers
Representative Payee's Obligation to Repay Social Security Administration is Not Covered by Its Insurance Policy, Court Decides
A federal district court in South Carolina has ruled that the obligation of a Social Security representative payee to repay funds to the Social Security Administration was an obligation under a contract that did not trigger coverage under the representative payee's management liability insurance policy. Read More


Pennsylvania Appeals Court Rules that Automobile Carrier's Effort to Recover First-Party Medical Benefits from Workers' Compensation Carrier Must Occur in Workers' Comp Proceeding
An appellate court in Pennsylvania has ruled that an automobile insurance carrier's right to recover first-party medical benefits from a workers' compensation insurance carrier must take place in the workers' compensation proceeding, not in a later, separate action filed in a Pennsylvania court. Read More

Automobile Insurance
North Carolina Appellate Court Upholds Jury Decision Finding $1 Million in UIM Coverage
An appellate court in North Carolina has upheld a jury decision finding that a policyholder was entitled to $1 million in uninsured motorist benefits because she had not signed an uninsured/underinsured motorist selection rejection form. Read More

Homeowners Insurance
Sinkhole Coverage Battles Continue in Florida as Court Confirms It Will Not Apply Statutory Definition of "Structural Damage" Retroactively
A federal district court in Florida has confirmed that the new statutory definition of "structural damage" will not be applied retroactively in an insurance coverage case involving a sinkhole. Read More

View All Case Law Developments

In the States

Tens of Billions Saved, California Insurance Commissioner Contends on Prop 103's 25th Anniversary
In 1988 – 25 years ago – California voters adopted Proposition 103, which requires auto, homeowners, and all property and casualty insurers to file their rates and get approval for rates from the state's insurance commissioner. According to current California Insurance Commissioner Dave Jones, Proposition 103 "has saved consumers and business tens of billions of dollars in auto and homeowner rates since it was first passed by California voters in 1988". Read More

Federal Actions

Freddie Mac Obtains Reinsurance Cover to Offset Single Family Mortgage Loan Risks
Freddie Mac has obtained an insurance policy underwritten by Arch Mortgage Insurance and Reinsurance Group, a division of Arch Capital Group Ltd., to cover up to $77.4 million of credit losses associated with a pool of single family loans funded in the third quarter of 2012. Read More

View All Legislative/Regulatory Developments
Insurance Regulatory and Transactions Attorney Eileen Hayes Joins Greenberg Traurig from N.Y.'s Department of Financial Services Read More

Ironshore Introduces Insurance to Facilitate Satellite Financing
Read More

Liberty Mutual Insurance Enters Mexico with Acquisition of Primero Fianzas
Read More

XL Group Names David Miller as Senior Vice President, Head of Claims, International P&C
Read More

CarSharing Association Publishes Draft Liability Insurance Guideline for Carsharing Operators
Read More

View All Industry News

The Impaired Property Exclusion of Liability Policies


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
[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].

FC&S Legal: The Insurance Coverage Law Information Center
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