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TODAY'S TOP DEVELOPMENTS Wednesday, November 23, 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.


Life Insurance
Employee's Obituary Helped Doom Claim That He Was Insured under Employer's Group Life Plan at His Death
A federal district court in Ohio has upheld an insurance company's decision, relying in part on a published obituary, that a participant in a company's group life and accidental death and dismemberment insurance plan was no longer an active employee of the company at the time of his death and, as a consequence, that the insurer was not required to pay death benefits to his beneficiaries. Read More

Life Insurance
ERISA Preempted Oregon "Slayer Statute," Federal Court Rules
An appellate court in Oregon has ruled that Oregon's "slayer statute," which prohibits a life insurance beneficiary from collecting on a decedent's life insurance policy if the potential beneficiary is a "slayer" of the decedent, was preempted by the Employee Retirement Income Security Act of 1974 (ERISA) as the Oregon law "related to" an "employee benefit plan." The appellate court also ruled, however, that the plaintiffs should be permitted to amend their complaint to assert a claim under the federal common law "slayer" rule. Read More

Life Insurance
AD&D Policy Did Not Cover Insured's Death from Mixed Drug Overdose, Montana District Court Finds
A federal district court in Montana has ruled that an accidental death and dismemberment insurance policy did not cover the insured's accidental death from a mixed drug overdose even though the insured had been prescribed the drugs for various medical conditions. Read More

Automobile Insurance
Indiana Court Refuses to Extend Insurer-Insured Privilege to First-Party Case
A federal district court in Indiana has refused to extend the insurer-insured privilege to a first-party case, but it found that a protective order prohibited use of the information it ordered disclosed in the underlying tort action against the insured. Read More

View All Case Law Developments

In the States

Massachusetts Governor Appoints National Mortgage Insurance's Michael Dirrane as Chairman of MassHousing
Massachusetts Governor Charlie Baker has appointed Michael J. Dirrane, senior managing director and chief sales officer of National Mortgage Insurance Corporation, a subsidiary of NMI Holdings, Inc., as chairman of MassHousing, a Boston-based affordable housing agency. Read More

Health Insurance Is Seeking Vendors to Train Agents for 2018
Managers of are starting to gear up for the open enrollment period for 2018. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "6 Steps to Maximize Business Insurance Recoveries Before the Next Weather Event" Read More

DRI Names New Officers and Board Members  
Read More

Beazley Launches Professional Liability Form for Small and Mid-Sized Companies  
Read More

Four Out of Five SMEs Fear Impact of Climate Change on Their Business, Zurich Survey Finds
Read More

Arch Insurance Group Launches New Network Security and Privacy  
Read More

View All Industry News
Autonomous Vehicle Regulations


Browse our entire library of over 2,500 insurance resources and forms.

View Entire Fall 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, 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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