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TODAY'S TOP DEVELOPMENTS Wednesday, December 18, 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

Commercial Lines

Where Insured in Dramshop Case is Defended by Illinois Insurance Guaranty Fund, Reduction for “Other Insurance” Applies Against Defendant’s Maximum Statutory Liability, Illinois Top Court Rules
The Illinois Supreme Court has ruled, in a Dramshop Act case where a bar owner was defended by the Illinois Insurance Guaranty Fund, the reduction for “other insurance” recoveries under Section 546(a) of the Illinois Insurance Code applied against the bar owner’s maximum statutory liability and not against the jury’s verdict. Read More

Homeowners Insurance
Arkansas Supreme: Insurer May Not Depreciate Costs of Labor When Determining “Actual Cash Value” Where Term Is Not Defined in the Policy
The Arkansas Supreme Court, answering a question of law certified by the U.S. District Court for the Western District of Arkansas, has ruled that an insurer in determining the “actual cash value” of a covered loss under an indemnity insurance policy may not depreciate the costs of labor when the term “actual cash value” is not defined in the policy. Read More

Insurance Fraud
Mississippi Supreme Court Upholds Insurance Fraud Conviction Involving Homeowner’s Policy that Provided $1,000 in Medical Benefits
The Mississippi Supreme Court has upheld a conviction for insurance fraud under a homeowner’s policy, finding that because the policy provided for $1,000 in medical benefits, it fell within the statutory definition of insurance plan. Read More

View All Case Law Developments

Life Insurance

Another Life Insurer Reaches Death Master File Settlement
Another life insurance company has reached a settlement with state regulators over the use of the Social Security Administration’s death master file. Read More

Health Insurance

Hawaii Health Exchange’s Director Is Out
Coral Andrews, the director of the troubled Hawaii Health Connector, which is Hawaii’s health exchange under the Affordable Care Act, has resigned. Read More

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

Armand Feliciano Appointed Chair of the California State Bar Insurance Committee
Read More

ACE Names John Lupica as Vice Chairman
Read More

Zurich Invests Up to US$1 Billion to Help Communities Adapt to Climate Change
Read More

MetLife Selected as a Provider for Veterans’ Dental Insurance
Read More

View All Industry News

The Business Income Report/Work Sheet – Step By Step


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
[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 ($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 [email protected].

FC&S Legal: The Insurance Coverage Law Information Center

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