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TODAY'S TOP DEVELOPMENTS Thursday, December 10, 2015

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.


Employment-Related Practices Exclusion Precludes Coverage for Sexual Harassment Claims, Florida Federal District Court Decides
A federal district court in Florida has ruled that claims for bodily injury against an insured company was excluded from coverage by a policy's employment-related practices exclusion because all of the claims for bodily injury arose out of claims for sexual harassment and assault and battery. Read More

Employee Benefits
Court Rejects Challenge to Disability Insurance Policies by Plaintiffs Who Had Not Filed Claims
A federal district court in New Jersey has ruled that an insurer's alleged failure to comply with certain New Jersey insurance laws governing the sale of disability insurance policies did not render the policies void and that policyholders who had neither made claims nor had claims denied lacked standing to assert any violations. Read More

Verdicts & Settlements
$20.3 Million Jury Verdict Where Fund Manager Alleged that Ernst & Young Failed in Due Diligence of Madoff Feeder Fund
A jury in the state of Washington has awarded plaintiffs $20.3 million for a negligent misrepresentation claim against Ernst & Young in connection with the Madoff fraud. Because the jury apportioned 50 percent liability to the plaintiffs and 50 percent to Ernst & Young, the plaintiffs will recover $10.15. Read More

Intentional Acts Exclusion Did Not Preclude Coverage Where It Depended on Insured's Knowledge of "Obscure Federal Law," Kansas District Court Rules
The U.S. District Court for the District of Kansas has denied an insurance company's motion to dismiss a breach of contract action, ruling that the policy's intentional acts exclusion did not preclude coverage of a lawsuit brought against the insured where the insured was unaware of an "obscure federal law" that formed the basis of the insurer's "intentional acts" argument. Read More

View All Case Law Developments

Health Insurance

Health Insurers to Rebate Over $2 Million to Delaware Consumers
Delaware Insurance Commissioner Karen Weldin Stewart has announced that eight insurers will issue a total of more than $2 million in rebates to 14,399 health insurance policyholders in Delaware as a result of the Affordable Care Act's 80/20 Medical Loss Ratio rule. Read More

Health Insurance
Insurer Settles Claims It Failed to Cover Mandated Benefits and Sold Unauthorized Health Insurance in Massachusetts
American Fidelity Assurance Company has agreed to pay $209,000 to settle allegations that it failed to cover mandated benefits required by state law and sold unauthorized health insurance to Massachusetts consumers. Read More

View All Legislative/Regulatory Developments
ÆQUALIS and Prudential Join Forces to Make Life Insurance Available to People with HIV  Read More

Martin Senn Steps Down as CEO of Zurich Insurance Group; Tom de Swaan Appointed Interim CEO  
Read More

USAA Offers Insurance for Ridesharing Drivers in Three New States: Arizona, Massachusetts, and Ohio  
Read More

Validus Holdings Announces Senior Management Appointments at Talbot Underwriting  
Read More

Ironshore Introduces Hybrid Product Addressing Fine Art Loss Due to Political Risk Exposure  
Read More

View All Industry News
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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
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

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