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TODAY'S TOP DEVELOPMENTS Monday, November 17, 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.


Homeowners Insurance
Insured Found Entitled to “Full Value” of Her Policy Where City Ordered Her Home Razed Following Fire
An appellate court in Wisconsin, reversing a trial court’s decision, has ruled that a homeowner was entitled to the full value of her policy as the result of a fire at her home, where a city “raze order” had determined that the costs to repair the home were “unreasonable.” Read More

Workers Compensation

Workers’ Comp Lien Does Not Reach Injured Employee’s Non-Economic Damage Recovery, Massachusetts Appeals Court Rules
An appellate court in Massachusetts, reversing a lower court’s decision, has ruled that where an injured employee received workers’ compensation benefits and then sued a third-party tortfeasor and successfully negotiated the allocation of non-economic damages (such as for pain and suffering) to the employee, a workers’ compensation insurer’s statutory lien did not attach to the non-economic damage recovery. Read More

Business Owners
Expense of Ordinary Payroll Had to be Included When Determining Loss of Business Income Following Fire at Insured’s Store, Massachusetts Appeals Court Decides
An appellate court in Massachusetts, interpreting a businessowners insurance policy, has ruled that loss of business income following a fire at the insured’s store, where the insured resumed operations elsewhere, had to be determined “by including the expense of ordinary payroll, and other unreimbursed continuing expenses required by the resumption of operations, in the calculation of net profit or loss.” Read More

Automobile Insurance
Court Dismisses Fraud and Deceptive Trade Practices Claims Based on Insurer’s Alleged 7 Percent Reduction of “Total Loss” Vehicles’ Value
A federal district court in Minnesota has dismissed fraud and deceptive trade practices claims brought against an automobile insurer for allegedly reducing the value of “total loss” vehicles by an arbitrary seven percent. Read More

View All Case Law Developments


U.K. Financial Conduct Authority Fines Former Swinton Executives and Bans Them from Senior Roles for Insurance Add-Ons “Mis-Selling”
The United Kingdom’s Financial Conduct Authority has fined three former senior executives of Swinton Group Limited £928,000. Read More

Alternative Risk and Captives

Aetna Establishing Captive Insurer in Connecticut
Aetna is establishing its captive insurance company in Connecticut, becoming the state’s fifth licensed and largest captive insurer to date. Read More

View All Legislative/Regulatory Developments
AMA Says Health Insurers Should Strengthen Privacy Policies Read More

AIG Introduces a New Variable Annuity  
Read More

N.J. Snapshot: Horizon Blue Cross Blue Shield to Offer Nine Products on Federal Exchange for 2015 
Read More

London Insurance Market, a £60 Billion Industry, Is Under Significant Threat, Warns New Study 
Read More

Allied World North America Launches New Privacy Coverage  Read More

View All Industry News
Q & A
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View Entire October/November Insurance Coverage Law Report
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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
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

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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