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TODAY'S TOP DEVELOPMENTS Friday, December 6, 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.


Professional Liability Insurance
Finding that Insurer's Lawyer Had Improper Contact with Jurors, Court Orders New Trial in Medical Malpractice Action
A trial court in New York has ordered a new trial of a medical malpractice action following a defense verdict after the trial court found that an insurance carrier's lawyer had improper contact with the jury – even though the lawyer did not represent a party in the case. Read More

Life Insurance

Life Insurer's Liability for Actions of Its Producer – Even Before Producer's Formal Appointment – Is Upheld by Maine's Top Court
The Supreme Judicial Court of Maine has affirmed a lower court's decision upholding the Maine Superintendent of Insurance's conclusion that Guarantee Trust Life Insurance Company ("GTL") was accountable for violations of a number of Maine statutes by a company acting as GTL's producer – even before the company's formal appointment as GTL's producer. As a result, the court upheld the Superintendent's order that GTL pay a civil penalty of $150,000. Read More

Professional Liability Insurance
One Law Partner's Misrepresentation Doesn't Doom Malpractice Insurance Coverage for an Innocent Partner, Illinois Appeals Court Holds
An Illinois appellate court has ruled that the common law innocent insured doctrine barred a malpractice insurance carrier from rescinding a law firm's malpractice policy with respect to an innocent partner even where a misrepresentation by another partner allegedly had been made during the policy's formation. Read More

Professional Liability Insurance
California Appellate Court Recognizes "Narrow" Exception to Rule Barring Assignment of Legal Malpractice Claims Where Transfer is Between Insurance Companies
An appellate court in California has recognized a "narrow" exception to the general rule in California barring the assignment of a cause of action for legal malpractice. Read More

View All Case Law Developments

In the States

Maryland Insurance Administration Orders Title Agency to Refund Consumers $2.3 Million
The Maryland Insurance Administration has ordered LSI Title Agency Inc., of Coraopolis, Pennsylvania, to repay 5,338 Maryland consumers a combined $2,276,736, plus interest, for recordation tax overpayments made between July 1, 2008 and December 31, 2012. LSI also must pay an administrative penalty of $533,900, under the terms of a consent order. Read More

In the States

For $3.75 Million, Markel Insurance Settles Charges It Overcharged on Student Health Plans 
Markel Insurance Company has reached a settlement with New York regulators to resolve an investigation into what the regulators alleged was Markel's practice of overcharging college students on their health plans. Read More

View All Legislative/Regulatory Developments
Former Reed Smith Partner Michael Browne to Retire as President and COO of Harleysville Insurance Read More

Cozen O'Connor Adds Five Attorneys to Its International Subrogation and Recovery Department 
Read More

Insurance Coverage Attorney Courtney E. Ervin Elected Partner at Andrews Kurth 
Read More

Viruses, Trojans and Spyware, Oh My! The Yellow Brick Road to Coverage in the Land of Internet Oz – Part I 
Read More

Ironshore Canada Introduces Professional Liability Coverage to Protect Private Equity Market Risks 
Read More

View All Industry News

Golf Cart Used on Public Road December, 2013


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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].

FC&S Legal: The Insurance Coverage Law Information Center

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