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TODAY'S TOP DEVELOPMENTS Thursday December 4, 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.


Automobile Insurance
Bankrupt Insureds Could Exempt Uninsured Motorist Benefits under Tennessee Law Allowing Exemption for Accident and Health Insurance
A bankruptcy court in Tennessee has ruled that two debtors under Chapter 7 of the U.S. Bankruptcy Code could exempt uninsured motorist benefits they received after entering bankruptcy that arose from a prepetition automobile accident under a provision of Tennessee law providing an exemption for benefits paid under accident or health insurance policies. Read More

Homeowners Insurance

Court Finds Insured's Alleged "Defamation by Email" Might Have Been Reckless, Not Just Intentional, Warranting Coverage
A federal district court in Arizona has ruled that a homeowners' insurance carrier was obligated to defend its insured against allegations that she had used email to defame two people, finding that the complaints alleged not just that her actions had been intentional, but that they also had been reckless, and pointing out that Arizona recognizes a cause of action for negligent defamation. Read More

Commercial General Liability
Tenth Circuit, Applying Utah Law, Finds that Nevada's Pre-Litigation "Chapter 40" Process Did Not Constitute a "Suit"
The U.S. Court of Appeals for the Tenth Circuit, applying Utah law, has ruled that the so-called "Chapter 40" process under Nevada law for resolving homeowners' claims before litigation did not constitute a "suit" under commercial general liability insurance policies issued to a window manufacturer. Read More

Workers Compensation
New York's Highest Court Upholds Workers' Comp Board's "Medical Treatment Guidelines"
New York's highest court, the New York Court of Appeals, has ruled, 4-3, that the state's Workers' Compensation Board did not exceed its statutory authority when it promulgated portions of its "Medical Treatment Guidelines." Read More

View All Case Law Developments

In the States

Mary Jane Pickens Becomes Executive Director of West Virginia Board of Risk and Insurance Management
Mary Jane Pickens, counsel to the law firm of Spilman Thomas & Battle, PLLC, in Charleston, West Virginia, has been named executive director of the West Virginia Board of Risk and Insurance Management. Read More

Insurance Fraud

Two Michigan Insurance Agents Guilty in Statewide Fake Insurance Scam Involving Underground Storage Tanks
The Environmental Protection Agency and the Federal Bureau of Investigation have uncovered and disrupted a scheme involving the fabrication of insurance certificates that were sold to owners and operators of underground storage tanks throughout the state of Michigan. Read More

View All Legislative/Regulatory Developments
Locke Lord, Edwards Wildman to Combine Read More

U.K. Insurance Lawyer Robert Stirling Joins Skadden in London 
Read More

Liberty Mutual Introduces Cyber Coverages for Small to Mid-Sized Businesses 
Read More

Philip M. Butterfield Joins the Board at Endurance 
Read More

Sun Life Financial Appoints Sara Grootwassink Lewis to its Board Read More

View All Industry News
Auto Medical Payments Insurance


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

View Entire December/January 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, 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

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