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TODAY'S TOP DEVELOPMENTS Thursday, May 28, 2015   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 Worker’s Comp Claimant May Aggregate Wages from Separate Jobs to Calculate Average Weekly Wage, South Dakota’s Top Court Rules in Case of First Impression The South Dakota Supreme Court, in a case of first impression in the state, has ruled that a worker’s compensation claimant could aggregate her wages from three separate jobs in the calculation of her average weekly wage under South Dakota law. Read More Health Insurance Plaintiff May Introduce Medical Providers’ Bills, Not Just Amount Paid by Insurers, in Personal Injury Case, Montana Supreme Court Decides The Montana Supreme Court has ruled that a trial court erred in restricting medical damages evidence that was admissible at trial, holding that a plaintiff in a personal injury action could introduce medical providers’ bills, and not just the amount paid by insurers. Read More Claims Resolution Class Action Was Not Mooted by “Full Satisfaction” Rule 68 Offer of Judgment Made Before Class Certification Motion, Arkansas District Court Holds A federal district court in Arkansas, weighing in on a subject that has divided the U.S. Courts of Appeals, has ruled that an offer of judgment under Federal Rule of Civil Procedure 68 that was made before a motion for class certification, which offer would have provided full satisfaction of the named plaintiff’s individual claims, did not moot a class action. Read More Automobile Insurance Motorcyclist Finds No Coverage under Policies Insuring Other Vehicles Owned by Car Driver’s Family An appellate court in Missouri, affirming a trial court’s decision, has ruled that a motorcyclist who allegedly was injured when he was struck by a car driven by the daughter of the couple who owned the car was not entitled to additional insurance coverage under policies that insured other vehicles owned by the daughter’s family. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States New York’s Top Insurance Regulator, a/k/a the “Sheriff of Wall Street,” to Resign Benjamin M. Lawsky, Superintendent of the New York Department of Financial Services, the New York agency that regulates insurance companies and banks, is resigning in late June after four years as the agency’s first superintendent. Read More Health Insurance Aetna to Pay Missouri $4.5 Million to Settle Allegations it Failed to Provide Required Autism Coverage The State of Missouri has reached a $4.5 million settlement with Aetna Life Insurance Company and Aetna Health Insurance Company to resolve allegations that the companies failed to provide coverage for the diagnosis and treatment of autism spectrum disorders. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Berkshire Hathaway Specialty Insurance Launches Crime Protection with Impersonation Endorsement in Canada Read More Canopius Group Appoints Stuart Davies as CEO Read More Cyberattack Strikes CareFirst BlueCross BlueShield, Affecting 1.1 Million Read More AIG Acquires Controlling Stake in ING Employee Benefits Global Network Read More John Y. Kim is Elected President of New York Life Read More View All Industry News   Discussion Meaning of "Employee" under Crime Policy Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire May / June Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.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 Cort T. Malone, Anderson Kill, P.C. Richard 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 Thomas F. Segalla, Goldberg Segalla 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@alm.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. Copyright ©2015 Summit Professional Networks, A Division of ALM Media LLC. 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