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TODAY'S TOP DEVELOPMENTS Monday, December 30, 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.


Mandatory Binding Arbitration of Insurance Subrogation Claims Found Unconstitutional in Illinois
An appellate court in Illinois has ruled that the mandatory binding arbitration of insurance subrogation claims enacted under Section 143.24d of the Illinois Insurance Code was unconstitutional because it violated the right to trial by jury. Read More

Life Insurance

Life Insurer that Relied on Order Naming Financial Guardian Cannot be Held Liable Where Guardian Allegedly Misappropriated Policy's Proceeds
The Tennessee Supreme Court has ruled that a life insurance company acted in good faith when it relied on a facially valid court order establishing a financial guardianship for the minor beneficiary of the life insurance policy and paid the policy proceeds to the guardian. Therefore, the court determined, the insurer could not be held liable for breach of contract after the proceeds allegedly were misappropriated by the guardian. Read More

Personal Umbrella
"Legally Entitled to Recover" Requires Examination of Alabama Law, Where the Accident Occurred, and Not Indiana Law, Where the Insureds Lived, Court Rules
A federal district court in Indiana has determined that insureds under an umbrella policy were "legally entitled to recover" damages under Alabama law, where their son was killed in an automobile accident, notwithstanding that they lived in Indiana and that the policy had been issued in Indiana by an Indiana-based agency. Read More

Automobile Insurance
Illinois Supreme Court Affirms Ruling that Auto Policy Violated Public Policy Where It Excluded from Coverage the Sole Named Insured and Owner of the Insured Vehicle
The Illinois Supreme Court, affirming an appellate court decision, has ruled that an automobile liability insurance policy that excluded from coverage the only named insured and owner of the insured vehicle violated public policy. Read More

View All Case Law Developments

Automobile Insurance

New York Approves Insurer's Program Designed to Help Prevent Teens from Texting While Driving
New York has approved a new program from the insurer Esurance that allows policyholders to install a device free of charge in their cars that is intended to help prevent teenagers from texting and calling while driving. Read More

Insurance Fraud

Florida Attorney Charged with Stealing Insurance Settlement Proceeds
An attorney in Orlando, Florida, has been charged by Chief Financial Officer Jeff Atwater of the Florida Department of Financial Services with stealing insurance settlement proceeds totaling nearly $80,000 from three personal injury clients. Read More

View All Legislative/Regulatory Developments
Reed Smith Chosen as Insurance Law Firm of the Year by U.S. News and Best Lawyers Read More

Katherine O'Brien Becomes Chief Human Resources Officer at New York Life
Read More

W. R. Berkley Corporation Appoints John M. Littzi Vice President and Senior Counsel
Read More

American Bankers Mutual Insurance Distributes $1.1 Million to ABA Member Banks
Read More

Allen Uyeda, President of Hawaii’s Largest and Oldest Insurer, to Retire; Jeff Shonka Named as His Successor
Read More

View All Industry News

Piano Consigned for Sale Is Stolen


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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