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TODAY'S TOP DEVELOPMENTS Tuesday, August 6, 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 Product Liability Coverage 8th Circuit Affirms Denial of Coverage Where Insured Did Not Demonstrate that Aquarium Heater Met Voluntary or Mandatory Safety Standard The U.S. Court of Appeals for the Eighth Circuit has affirmed a decision by a federal district court in favor of an insurer, ruling that the insured had not met a condition precedent to coverage because it had failed to demonstrate that its aquarium heater had met a voluntary or mandatory safety standard. Read More Commercial General Liability Bad Faith and False Advertising Claims against Insurers Can Be Brought Under California's Unfair Competition Law, State's Top Court Holds The California Supreme Court has held that insurance practices - such as insurance bad faith and false advertising - that violate California's Unfair Insurance Practices Act can support an insured's lawsuit against his or her insurer under the state's Unfair Competition Law. Read More Life Insurance 2d Circuit Affirms Denial of Life Insurer's Bid for $100 Million Tax Refund Stemming from Disallowed Deductions of Accrued Expense The U.S. Court of Appeals for the Second Circuit has affirmed a district court's decision that, with respect to two tax deductions claimed by a life insurer, "all events" had not yet occurred to fix the insurer's liability in the tax years in which it had taken the deductions. Because the insurer's liability for the dividends was contingent, the circuit court held, it did not satisfy the regulatory requirements for deduction of an accrued expense. Read More Commercial Property Insured that Provided Electricity and Gas to One Unit Met Policy Requirement to "Maintain" Building's Heat, Appellate Court Holds An appellate court in Texas has affirmed a trial court's decision that an insured was entitled to coverage for damage suffered when a pipe froze and ruptured in a building it owned, ruling that the insured had met the policy's condition that it "maintain heat in the building" by providing electricity and gas to one occupied unit. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance New York Adopts "Applied Behavior Analysis" Regulation The New York State Department of Financial Services has adopted a new regulation setting forth the requirements for insurance reimbursement for applied behavior analysis, a treatment for autism spectrum disorder. Read More Insurance Fraud 2 Attorneys and 2 Insurance Agents Charged in Alleged $50 Million Life Insurance Fraud California attorneys Kasra Sadr and Brenda Barrera Merriles and insurance brokers Byron Frisch and Kristian Giordano have been charged with fraudulently causing life insurance companies to issue more than $50 million worth of policies to unqualified applicants who had no intention of paying the policy premiums. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Free Webinar: Hot Issues in the Insurance Bad Faith Arena Read More Allstate Launches New Whole Life Insurance Product Read More Sun Life Completes Sale of Domestic U.S. Annuity Business to Delaware Life Read More Aviva and Bank Zachodni Expand Their Bancassurance Partnership Read More Boat Thefts in U.S. Decline Slightly, with Florida Leading in Thefts and "Jet Skis" the Top Target Read More View All Industry News Coverage Analysis The Betterment Provision of the Personal Auto Policy Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire August Insurance Coverage Law Report   View Insurance Coverage Law Report Archives Steven A. Meyerowitz, ESQ. Director, FC&S Legal [email protected] 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 ($795 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. 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