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TODAY'S TOP DEVELOPMENTS Tuesday, November 19, 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.


Trial Strategy
The Timing for a Notice to Remove a Coverage Action
Generally speaking, a defendant has 30 days to file a notice to remove a case from state court to federal court. In most coverage cases, the deadline begins to run when the defendant receives the complaint. In some instances, however, the defendant does not know until a later point that the amount in controversy is sufficient to allow it to remove. A recent case found that later point to be after the plaintiff’s admission that the amount in controversy exceeded $100,000. Read More

Trial Strategy

Calculating CAFA’s Amount in Controversy in an Insurance Class Action
The decision by the U.S. Supreme Court in Standard Fire Ins. Co. v. Knowles, No. 11-1450 (U.S. March 19, 2013), has changed the focus of insurance cases under the Class Action Fairness Act of 2005 from pre-trial stipulations to calculating the amount in controversy. A recent decision by a federal district court in Arkansas – finding that the amount in controversy was about $92,000 more than the $5 million threshold – illustrates the analysis. Read More

Trial Strategy
Can Naming an Insurance Adjuster as a Defendant Help to Defeat Diversity Jurisdiction?
When a policyholder sues an insurance company in a state court, it may have to face the carrier’s effort to remove the case to federal court. Can adding an insurance adjuster as a defendant help to defeat diversity, and the carrier’s efforts to litigate in federal court? A recent decision by the U.S. District Court for the Northern District of Texas suggests that the answer may be yes. Read More

Trial Strategy
The Risks of Pre-Trial Discovery Requests that Are Too Aggressive
When an insurance coverage case is in court, motion practice can become very aggressive. Sometimes, the costs of an overly broad and overly burdensome pre-trial discovery request can outweigh the benefits, as illustrated by a recent decision from the U.S. District Court for the Western District of New York. Read More

View All Case Law Developments

In the States

Tens of Billions Saved, California Insurance Commissioner Contends on Prop 103’s 25th Anniversary
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
Driverless Cars Study: One in Five Would Let Computers Do the Driving; Insurance Savings Could Propel Acceptance of Autonomous Cars Read More

Rolf Thore Roppestad Is New CEO of Gard
Read More

TRIA Expiration has Risk Professionals Bracing for Decreased Terrorism Coverage Limits
Read More

American Family Insurance Partners with AssureStart
Read More

Travelers Completes Acquisition of The Dominion
Read More

View All Industry News

Commercial General Liability Program


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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].

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