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TODAY'S TOP DEVELOPMENTS Thursday, November 20, 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.


Insurance Fraud
Lawyer’s Insurance Fraud Conviction Is Upheld on Appeal
An appellate court in Georgia has affirmed a lawyer’s conviction on one count of insurance fraud, upholding the jury’s determination that the attorney aided the insured “in making a false or fraudulent written statement for the purpose of procuring or attempting to procure the payment of a false claim.” Read More

Automobile Insurance

Insurer’s Introduction of “Broad Indemnification Language” Doomed Its Acceptance of Pre-Trial Settlement Offer, Appeals Court Rules
An appellate court in California, reversing a trial court’s decision, has ruled that there was no meeting of the minds between the parties as to every essential element of a settlement agreement where an insurance company sought to accept the plaintiff’s pre-trial settlement offer but, in doing so, introduced “broad indemnification language.” Read More

Homeowners Insurance
Homeowner Who Repaired Roof Before Insurer Could Inspect the Damage May Proceed with Bad Faith Action, Fifth Circuit Holds
The U.S. Court of Appeals for the Fifth Circuit, reversing a magistrate judge’s ruling, has decided that a homeowner who repaired the damaged roof of his home before his homeowner’s insurance company could inspect the damage could proceed with his bad faith action against the insurer. 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

View All Case Law Developments


Citing Magistrate Judge’s Decision, New Jersey Senators Demand Investigation into Sandy Victims “Being Lowballed by Insurance Companies”
New Jersey Senators Robert Menendez and Cory Booker have called on the Federal Emergency Management Administration to take immediate action to address potential widespread manipulation of flood insurance claims in order to “lowball Sandy victims.” Read More

Life Insurance

States Reach $3.2 Million Life Insurance Claim Settlement with Sun Life
Eight states have reached a $3.2 million life insurance claim settlement agreement with the Sun Life Companies. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “Florida Appeals Court: In First-Party Coverage Dispute, Ruling That Insurer Breached Contract Is Not Prerequisite to Insured’s Filing a Bad Faith Claim” Read More

Cathay Life Insurance Acquires Conning  
Read More

USAA Bank President David Bohne to Leave Company 
Read More

UnitedHealth Group Makes Changes to Its Leadership Team 
Read More

Wilmington Trust Hires Insurance Trust Veterans Todd Winchel and Robert Quinn  Read More

View All Industry News
Fiduciary Liability - Estates and Trusts


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

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

FC&S Legal: The Insurance Coverage Law Information Center

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