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TODAY'S TOP DEVELOPMENTS Thursday, December 11, 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
Montana Supreme Court, In Case of First Impression, Recognizes Claim for Loss of Consortium by Adult Child of Injured Parent
In a case of first impression, a divided Montana Supreme Court, in response to questions certified to it by the U.S. District Court for the District of Montana, has ruled that Montana law recognizes a claim for loss of consortium by the adult child of an injured parent. Read More

Automobile Insurance

In Case of First Impression, New York Court Rejects Regulator’s Interpretation of No-Fault Law and Adopts Earlier Appellate Court’s Ruling
In a case of first impression, a New York trial court has rejected the state insurance regulator’s interpretation of a provision of the state’s no-fault law and has adopted an appellate court’s view – even though the regulator’s opinion came after the appellate court’s decision and even though the regulator disagreed with the appellate court’s conclusion. Read More

Homeowners Insurance
Homeowners Breached Policy by Failing to Repair Roof Damaged by Tornado, Seventh Circuit Finds
The U.S. Court of Appeals for the Seventh Circuit, affirming a district court’s decision, has ruled that homeowners had breached their homeowner’s insurance policy by failing to repair damage to their home’s roof that had been caused by a tornado. Read More

Employee Benefits
Insurer Must Pay Accidental Death Benefits Even Though Deceased Insured “Would Not Have Drowned But For a Seizure”
A federal district court in Pennsylvania has rejected an insurance company’s conclusion that a policy exclusion barred payment of an accidental death benefit where the insured drowned in his bathtub, even though he “would not have drowned but for a seizure.” Read More

View All Case Law Developments

Automobile Insurance

California Department of Insurance Says It Is Ready to Review New Auto Insurance Policies for Uber, Sidecar, and Lyft Drivers
California Insurance Commissioner Dave Jones has announced that his department is ready to accept insurance company filings to create new commercial coverage or endorsements to personal auto insurance policies that will provide coverage for Californians who transport passengers for transportation network companies such as Uber, Lyft, and Sidecar. Read More

Alternative Risk and Captives

Tracy Snow Becomes Ohio’s Captive Insurance Chief
Tracy Snow has been named chief of the Ohio Department of Insurance’s new Office of Captive Insurance. Read More

View All Legislative/Regulatory Developments
Utica Mutual Insurance Company Names Richard P. Creedon Next CEO Read More

Sun Life Financial Finds Pacific Northwest Sports Injuries Cause 115,000 Emergency Room Visits Annually – Nearly Half by Youth 
Read More

Travelers CEO Sends Message Regarding His Illness to Employees 
Read More

Jeff Kelly to Become COO of RenaissanceRe Holdings 
Read More

ACE Names Joe Vasquez Division President of ESIS and James Walloga Executive Vice President of Accident & Health in North America Read More

View All Industry News
Protecting Schools from Risk Exposures


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

View Entire December 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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