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TODAY'S TOP DEVELOPMENTS Friday, July 29, 2016     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 Attorney’s Fees How an Insurer Lost Its “Safe Harbor” and Was Ordered by the Oregon Supreme Court to Pay Its Insured’s Attorneys’ Fees The Oregon Supreme Court has ruled that an insurance carrier raised issues beyond those it was permitted to in an arbitration with its insured and that, as a result, it would have to pay its insured’s attorneys’ fees, notwithstanding its attempt to rely on a statutory “safe harbor.” Read More Exclusions Montana Supreme: “Earth Movement” Exclusion Precludes Coverage for “Any and All” Types of Earth Movement – Including Large Boulder That Hit Cabin The Montana Supreme Court, affirming a trial court’s decision, has ruled that a policy’s “earth movement” exclusion “broadly” precluded coverage for “any and all types of earth movement” – including for damage caused by a large rock falling down a hillside into the insured’s cabin. Read More Crime Material Misrepresentation on Application Dooms Loss Payee Bank’s Coverage for Theft by Insured’s Employees A federal district court in Connecticut has ruled that an insurer could properly rescind insurance policies as a matter of law where the insured had made a material misrepresentation in response to a question on the applications. Read More Exclusions Court Voids “Field of Entertainment” Exclusion Where It Excluded All Advertising Injury Coverage A federal district court in Florida has ruled that a “Field of Entertainment” exclusion contained in an endorsement to a commercial general liability insurance policy was not enforceable where it excluded all “advertising injury” coverage and would make the policy’s advertising injury coverage illusory.  Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance Justice Department and State Attorneys General Sue to Block Anthem’s Acquisition of Cigna, Aetna’s Acquisition of Humana The U.S. Department of Justice and attorneys general from multiple states and the District of Columbia have sued to block Anthem’s proposed acquisition of Cigna and Aetna’s proposed acquisition of Humana, alleging that the transactions would increase concentration and harm competition across the country, reducing from five to three the number of large, national health insurers in the nation. Read More Federal Actions Three Charged in Alleged $1 Billion Medicare Fraud and Money Laundering Scheme The owner of more than 30 Miami-area skilled nursing and assisted living facilities, a hospital administrator, and a physician’s assistant have been charged with conspiracy, obstruction, money laundering, and health care fraud in connection with an alleged $1 billion scheme involving numerous Miami-based health care providers. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS How Much Can Be Saved by Increasing a Home Insurance Deductible?  Read More The 2016 Hiscox Embezzlement Study: A Report on White Collar Crime in America  Read More Life Insurance Accounts for Largest Share of Both Voluntary Inforce and Sales, Eastbridge Reports  Read More FC&S Legal Publishes “Liability Insurance Basics for Litigators” Read More Adelson, Testan Names Alison J. Schefer and Daniel J. Simpson as Partners in Fort Lauderdale  Read More View All Industry News   Discussion Captive Insurance Companies Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Summer 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@nuco.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 © 2016 ALM Media, LLC. All rights reserved. Privacy Policy 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874