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TODAY'S TOP DEVELOPMENTS Friday, November 22, 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.


Commercial General Liability
11th Circuit: Statutory Employee under Florida Workers’ Compensation Law Was Employee for Purposes of CGL Policy’s Employer’s Liability Exclusion
The U.S. Court of Appeals for the Eleventh Circuit has ruled that an employee for an insured’s third-tier sub-contractor was a statutory employee of the insured and that, as a result, the employer’s liability exclusion in the insured’s commercial general liability insurance policy excluded coverage for claims brought by the employee’s estate. Read More

Commercial General Liability

10th Circuit: Insurer Has Duty to Defend Where Intentional Act Resulted in Unintended Injury
The U.S. Court of Appeals for the Tenth Circuit has ruled that, under applicable Kansas law, an insurance carrier had a duty to defend where an insured’s intentional act resulted in an unintended injury. Read More

Commercial General Liability
Exclusion Bars Coverage of Claim by Independent Contractor’s Employee against Insured, Delaware Supreme Court Decides
The Delaware Supreme Court has ruled that an “employee or independent contractor” exclusion barred coverage of a personal injury claim brought by the employee of an independent contractor against the insured. Read More

Commercial General Liability
Appeals Court Reverses Order Requiring Insurer to Pay $114,268.01 in Attorney’s Fees and Costs to Insured, Finding that Insurer Had No Duty to Defend $438 Small Claims Case
A Florida appellate court has reversed a trial court’s decision ordering an insurance carrier to pay $114,268.01 in attorney’s fees and costs to its insured for failing to defend a $438 small claims court case, finding that the carrier had no duty to defend. Read More

View All Case Law Developments

In the States

Alaska Implements SBS
Alaska has implemented the State Based Systems, a proprietary Web-based system developed by Aithent and licensed for use by the National Association of Insurance Commissioners that regulators use in support of their insurance regulatory functions. Read More

Insurance Fraud

Five Charged in Alleged Southwest Florida Accident Fraud Ring
Five people have been arrested in Florida and charged with being involved in a fraudulent accident clinic in Fort Myers and Port Charlotte. Read More

View All Legislative/Regulatory Developments
Finding Social Media a Critical and Growing Competency for the Insurance Industry, Liberty Mutual Creates Social Media Center of Excellence Read More

KPMG Appoints Gary Reader New Global Head of Insurance
Read More

Munich Re Finds Positive Economic
Effect of Insurance Against Natural Catastrophes, Particularly in Emerging Countries
Read More

Fidelity & Guaranty Life Insurance Announces Redomestication from Maryland to Iowa
Read More

Medical Malpractice Claim Costs Remain Stable, According to Aon/ASHRM Report
Read More

View All Industry News

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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
[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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