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TODAY'S TOP DEVELOPMENTS Tuesday, May 7, 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.

CASE LAW

Homeowners Insurance

Appellate Court Rejects Judgment in Favor of Insurer Where Estranged Wife Canceled Policy and Tried to Burn Down House
An appellate court in Pennsylvania has ruled that the state’s Unfair Insurance Practices Act barred an insurer from relying on an estranged wife’s cancelation of the homeowner’s insurance on the marital home to deny the insured husband’s claim for damage to the property caused by his estranged wife.  Read More

Employee Benefits
Claim for Unpaid Disability Benefits, Plus Claim under State’s Insurance Code, Met Amount in Controversy Requirement, Court Finds
A federal district court has ruled that a plaintiff’s claim for unpaid disability income benefits, plus his claim under a provision of the Illinois Insurance Code that permits a court to award an additional amount plus attorney’s fees and costs for an insurer’s vexatious and unreasonable failure to timely pay a claim, were sufficient to meet the amount in controversy requirement.  Read More

Homeowners Insurance
Insured Was Obligated to Submit to Examination under Oath after Submitting a Claim following a Fire at His Home, Court Rules
A federal district court in Louisiana has dismissed a lawsuit filed by an insured whose home had been damaged by a fire against his homeowner’s insurer, ruling that he was obligated to submit to an examination under oath to allow the insurer to complete its investigation of his claim.  Read More

Commercial Property
Insurer’s Partial Payment of Late-Filed Hurricane Rita Claim Did Not Waive Its Timeliness Defense, Court Holds
A federal district court in Louisiana has rejected an insured’s contention that its insurer’s partial payments on its late-filed claim amounted to a waiver of the insurer’s timeliness defense.  Read More

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Case Law Developments
 
LEGISLATIVE/REGULATORY

Homeowners Insurance

Maryland Bars Contractors from Paying a Homeowner’s Insurance Deductible
Maryland SB 736, which makes it a crime for a contractor offering specified services for damages caused by weather to pay or otherwise compensate, or offer or promise to pay or compensate, an insured, with the intent to defraud an insurer, for all or part of a specified insurance deductible, has been signed into law.  Read More

Insurance Fraud
HHS Proposes to Increase Rewards for Reporting Medicare Fraud to Nearly $10 Million
Health and Human Services Secretary Kathleen Sebelius is proposing to increase rewards paid to Medicare beneficiaries and others whose tips about suspected fraud lead to the successful recovery of funds to as high as $9.9 million.  Read More

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Legislative/Regulatory Developments
 
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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.
Richard D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Tressler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Jenner & Block
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company
   
INDUSTRY NEWS
Genworth to Cease New Sales of AARP-Branded Products on June 1  Read More

Metal Thefts Continue to Plague the Nation, National Insurance Crime Bureau Reports  Read More

PIAA to Honor James F. Carland, III  Read More
 
NEW PRODUCTS
ACE Adds Two Policies for Health Care Organizations  Read More
 
PEOPLE
Matthew R. Pollak Named VP, Treasurer, and Chief Accounting Officer at State Auto Financial  Read More

View All Industry News
 
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Insurance Forms & Resources


Intrafamily or Household Exclusions

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

CALENDAR
Emerging Insurance Coverage & Allocation Issues in 2013 Read More

9th Annual Canadian Captives & Corporate Insurance Strategies Summit 
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NYIA 2013 Annual Conference 
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View Full Calendar
 

INSURANCE COVERAGE LAW REPORT
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Focus On: Coverage for Law Firm Victimized in Check Scam  Read More

Is Defective Construction an "Occurrence"? The Answer Isn't So Concrete  Read More

Insurance Coverage for Internet Copyright Claims  Read More

View Entire May Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 

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