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TODAY'S TOP DEVELOPMENTS Friday, May 23, 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.

 CASE LAW

Workers Compensation
Is This the End of RICO? In Workers' Comp Cases in the Sixth Circuit, Apparently So
The U.S. Court of Appeals for the Sixth Circuit has affirmed dismissal of an employee's lawsuit under the federal Racketeer Influenced and Corrupt Organizations Act against insurers, claims administrators, and his employer in which he alleged that they had introduced false medical testimony to deny or at least diminish his (and others) workers' compensation benefits. The circuit court concluded that the alleged injury complained of by the plaintiff was not compensable under the act. Read More

Health Insurance

Alleging Illegal Insurance Practices, Former Blue Cross Blue Shield of North Dakota Medical Director Files Whistleblower Lawsuit
Dr. Kenneth Fischer, the former medical director of Blue Cross Blue Shield of North Dakota ("BCBS"), has filed a whistleblower lawsuit alleging that BCBS engaged in illegal insurance practices that hiked costs to millions of BCBS customers. Read More

Commercial General Liability
Claim of "Faulty Workmanship" Is Not Covered by CGL Policy as It Was Not "Fortuitous," New York Appeals Court Rules
An appellate court in New York has ruled that an action alleging faulty workmanship was not covered by a commercial general liability insurance policy because it did "not involve fortuity." Read More

Life Insurance
In Franki Valli Divorce, California's Top Court Says Life Policy Purchased with Community Property Funds Remained Community Property Even Though Wife Was Named Owner and Beneficiary
In a divorce case between Franki Valli and his wife Randy Valli, the California Supreme Court has ruled that a life insurance policy Mr. Valli purchased using community property funds, which named Ms. Valli as the policy's only owner and beneficiary, was community property and not Ms. Valli's separate property upon dissolution of their marriage. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

New York Proposes Regulation to Govern Private Equity Acquisitions of Insurance Companies
The New York State Department of Financial Services is proposing a new regulation enshrining agreements it reached with several investment firms relating to their purchases of annuity companies. Read More

Health Insurance

Insurance Broker Pleads Guilty to Selling Bogus Health Insurance
An insurance broker who, prosecutors alleged, stole nearly $1 million while continuing to sell health care coverage he knew was fake has pleaded guilty in federal district court in New Jersey to an information charging him with conspiracy to commit wire fraud. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Lewis Johs Avallone Aviles Hires Two New Insurance Coverage Associates Read More

XL Group Releases List of Artists to Exhibit Work at its Dublin Offices 
Read More

Cunningham Lindsey Appoints Former Lloyd's Chief Richard Ward as Executive Chairman and Jane Tutoki as CEO  
Read More

Dog Bites Cost Insurers $483 Million in 2013 
Read More

FC&S Legal Publishes Nelson Levine De Luca & Hamilton's Bad Faith Compendium: South Carolina Read More

View All Industry News
 
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Q&A
Clogged Drain Causes Water Loss

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 INSURANCE COVERAGE
 LAW REPORT
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View Entire June Insurance Coverage Law Report
 
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@SummitProNets.com
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@SummitProNets.com
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 www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@SummitProNets.com.

FC&S Legal: The Insurance Coverage Law Information Center
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