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TODAY'S TOP DEVELOPMENTS Tuesday, November 22, 2016  

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.


Automobile Insurance
Here's Why Kentucky's Top Court Upheld One "Owned-But-Not-Scheduled" Provision But Rejected Another
The Kentucky Supreme Court has upheld one insurance company's owned-but-not-scheduled policy provision to deny underinsured motorist insurance ("UIM") coverage for a motor vehicle owned by the insured but not scheduled for coverage under the owner's policy — but in the same case it refused to enforce a second insurer's owned-but-not-scheduled policy provision. Read More

Homeowners Insurance
Tortious Interference Claim with Potential Recovery of Emotional Distress Damages Found Sufficient to Require Insurer to Defend Insured, Maine's Top Court Rules
The Supreme Judicial Court of Maine has ruled that a homeowner's insurer had to defend its insured in a case alleging that she had tortiously interfered with an advantageous relationship where the allegations could result in a recovery of emotional distress damages. Read More

Insurer Insolvency
"High Net Worth Insured" Had to Repay Insurers Insolvency Fund, Massachusetts Top Court Decides
The Supreme Judicial Court of Massachusetts, reversing a trial court's ruling, has decided that the Massachusetts Insurers Insolvency Fund could recover from a "high net worth" company certain workers compensation benefits paid by the Fund on behalf of the company's insolvent insurer. Read More

Workers Compensation
Delaware Supreme Court Rejects Contention That Second Workers Comp Insurer Was Responsible for Worker's Condition Even Without Proof of Causation
The Delaware Supreme Court has ruled that a company's second workers compensation insurance carrier could be held liable for injuries to an employee sustained in two separate work accidents only where the employee's condition resulted from an accident that occurred while the second insurer's policy was in effect. Read More

View All Case Law Developments

Health Insurance

Clinic Operator Charged with Defrauding Medicaid by Offering Sham Substance Abuse Treatment
Natalia Dochim has been arrested and charges have been filed against her and her two companies, Miromedical P.C. and Ferrara Medical Care, P.C. Read More

Life Insurance
Pennsylvania Insurance Commissioner Highlights New Service to Find Lost Life Insurance Policies, Supports Legislation to Require Insurer Participation
The Pennsylvania Insurance Department has begun using a new service to help locate lost life insurance policies, and Insurance Commissioner Teresa Miller announced her support for legislation, sponsored by Representative Marguerite Quinn (R - Bucks County), that would put this consumer service into law and require insurers to conduct the searches. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Investigating the Claims Investigation" Read More

XL Catlin Adds Employment Practices Liability Option to Design Professional Insurance Coverage in U.S.  
Read More

Most Americans Do Not Understand How Their Health Insurance Plan Works, Survey Finds  
Read More

Securian Purchases Canadian Insurance Companies
Read More

Pan-American Life Insurance Appoints New Senior Vice President to Lead Operations in Latin America  
Read More

View All Industry News
Defense Costs for an Indemnitee


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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, Cope Ehlers, 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
Cort T. Malone, Anderson Kill, P.C.
Richard 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
Thomas F. Segalla, Goldberg Segalla
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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