Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Tuesday, December 2, 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.


Commercial General Liability
Texas Supreme: Plaintiff Who Was Not a Party to Insurance Policy May Not Seek Declaratory Judgment Regarding Insurer's Duty to Indemnify Before Liability Has Been Determined
The Texas Supreme Court has ruled that the "no direct action" rule barred a plaintiff who was not a party to the defendant's insurance policy from seeking or obtaining a declaratory judgment regarding the insurer's duty to indemnify the defendant against liability to the plaintiff before that liability had been determined. Read More

Professional Liability Insurance

Plaintiff May Not Bring DJ Action against Insurer Before Obtaining Judgment Against Insured, New York Court Holds
A federal district court in New York, applying New York law, has ruled that a plaintiff may not bring a declaratory judgment action against an insurer when the plaintiff has not yet obtained a judgment against the insured. Read More

In Asbestos Coverage Case, New York Court Rules that Reinsurer's Obligations – Including for Costs and Expenses – Were Capped at Amounts Cited in Certificates
A federal district court in New York, applying New York law in an asbestos coverage case, has ruled that two facultative reinsurance policies provided an overall cap on the reinsurer's liability in the absence of an express statement that expenses were excluded from the certificates' limits. Read More

Automobile Insurance
Here's How a $188.10 PIP Claim Led to a $25,343.53 Award Against an Insurance Company
A $990 dispute, reduced shortly before a bench trial in a Massachusetts trial court to a claim for $188.10, resulted in an award totaling $25,343.53 against Pilgrim Insurance Company. Now, an appellate court has affirmed that award. Read More

View All Case Law Developments

In the States

Massachusetts Insurance Commissioner Joseph Murphy Joins Coverys
Joseph Murphy, who has served as insurance commissioner for Massachusetts for the past five years and who was first deputy commissioner for the three years before that, is leaving the government and joining Coverys as the company's new chief operating officer, effective January 5, 2015. Read More

In the States

Four Directors to Retire from Kansas Insurance Department
Four division directors at the Kansas Insurance Department are retiring on December 5. Read More

View All Legislative/Regulatory Developments
Mutual of Omaha CEO Dan Neary to Retire in 2015; James Blackledge Named President and Successor Read More

Harbinger Group CEO Philip Falcone Resigns; Joseph S. Steinberg to Become Chairman of the Board 
Read More

Huw Evans to Succeed Otto Thoresen as Director General of Association of British Insurers 
Read More

American Integrity Offers Identity Recovery Insurance to Floridians 
Read More

Allied World North America and the American Professional Agency Launch Program for Social Workers Read More

View All Industry News
Improvements and Betterments Coverage


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

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018