Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, August 21, 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 Rental Home Unoccupied for Over 30 Days Deemed "Vacant," Despite Daily Visits to Unattached Garage A Connecticut appeals court has affirmed a trial court's decision in favor of an insurance carrier, ruling that a rental home that had not been rented for over 30 days was "vacant," and that daily visits to an unattached garage were not relevant to a consideration of whether the insured "dwelling" had been occupied. Read More Automobile Insurance Court Rejects Insurer's Interpretation of "Five-Dollar Rule" to Limit Its Obligation to Pay Interest on Claims It Paid Late A federal district court in New York has rejected an insurance carrier's interpretation of the so-called "Five-Dollar Rule" to limit its obligation to pay interest on first-party no-fault claims that it failed to pay on a timely basis. Read More Employee Benefits Seventh Circuit Allows Suits Against Insurance Companies for ERISA Benefit Claims A recent decision by the U.S. Court of Appeals for the Seventh Circuit has permitted insurance companies providing benefits under fully-insured employee benefit plans to be sued under ERISA Section 502(a)(1)(B). Read More Automobile Insurance Bad Faith Claim for Insurer's Refusal to Provide Insured with Son's Recorded Statement Before EUOs is Rejected A California appellate court has affirmed a trial court's decision dismissing a bad faith claim against an insurance carrier for its refusal to provide its insured with a transcript of a previously recorded statement by the insured's son to the insurer's adjustor where the insured and his son had refused to be examined under oath. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Crime Former Louisiana Deputy Insurance Commissioner Sentenced to Prison for Racketeering Richard L. Chambers, Sr., the former deputy commissioner for the Louisiana Department of Insurance, has been sentenced to 30 months of imprisonment, one year of supervised release following imprisonment, a fine of $10,500, and forfeiture of $11,341. Read More Federal Actions NHTSA Requiring Free VIN Searches for Consumers to Check for Uncompleted Recalls The U.S. Department of Transportation's National Highway Traffic Safety Administration is requiring automakers and motorcycle manufacturers to provide consumers with a free online tool that will enable them to search recall information by vehicle identification number starting next year. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Insurance Industry Funds Research to Quantify the "New Normal" of Tornado, Hail, and Wind Risk in the U.S. and Canada Read More Daniel J. Lebish Becomes Chief Operating Officer for Aflac Group Insurance Read More American Lives Underinsured by an Average of $1.2 Million, Study Finds Read More Hot Wheels: NICB Reports on the 10 Most Stolen Vehicles Read More The Telematics Revolution and What it Means for Drivers – and Auto Insurers Read More View All Industry News Discussion MSO General Property Form - MCP 010 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. 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 [email protected]. FC&S Legal: The Insurance Coverage Law Information Center To ensure future delivery of email, please add [email protected] 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%%. ©2013 Summit Business Media, All rights reserved. Privacy Policy   5081 Olympic Blvd Erlanger, KY 41018 1-800-543-0874