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TODAY'S TOP DEVELOPMENTS Monday, August 26, 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 Trial Strategy Focusing on the Key Issue – Acceptance by the Scientific Community – When Presenting Expert Testimony in a Collapse Case Expert testimony can make or break a case seeking insurance coverage for a building collapse. A recent decision by a Washington appellate court highlights the importance of zeroing in on the key issue when using expert witnesses to support or challenge a party’s position. Read More Excess Pennsylvania Top Court Confirms that MCARE Fund Can Be Liable to Health Care Provider for Delay Damages for Excessive Med Mal Verdict The Pennsylvania Supreme Court has confirmed that Pennsylvania’s Medical Care Availability and Reduction of Error Fund (the “MCARE Fund”) can be held liable to a health care provider on a claim for indemnification for delay damages and post -judgment interest based on an underlying medical malpractice jury verdict that exceeded the MCARE Fund’s $1 million coverage limit. Read More Homeowners Insurance Unlicensed Contractors Lose Bid to Recover Insurance Proceeds Paid to Homeowner An intermediate appellate court in New York has affirmed a trial court’s decision dismissing a claim for conversion brought by unlicensed contractors against a homeowner to recover insurance monies she had received that, they alleged, were intended to compensate them for work they had performed. Read More Excess 7th Circuit Rules that Policy Term “Employers’ Liability Laws” Was Broad Enough to Cover Even Groundless Common Law Claims The U.S. Court of Appeals for the Seventh Circuit has ruled that an excess liability insurance policy that provided coverage to an insured employer for losses resulting from liability imposed by “Employer’s Liability Laws” was broad enough to require the insurer to defend the employer against a groundless common law claim. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Insurance Fraud Prison Sentence for New York Man in Staged Accident Insurance Fraud Case David Morgan has been sentenced to 21 months’ imprisonment and ordered to pay restitution in an amount exceeding $1.4 million following his guilty plea to mail fraud for his role in a staged accident insurance fraud. Read More Automobile Insurance U.S. Transportation Department Launches “Drive Sober or Get Pulled Over” Crackdown U.S. Transportation Secretary Anthony Foxx and the Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) have begun their annual Drive Sober or Get Pulled Over crackdown on drunk drivers. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS IFG Insurance Group Hires Barbara Rezner as New Chief Compliance Officer Read More 36 Percent of Consumers Would Switch Auto Insurers to Receive Usage-Based Insurance Discount, LexisNexis Survey Finds Read More Ryan West Named Vice President of Claims at GEICO Read More Satisfaction with Insurers’ Superstorm Sandy Responses Drops, Study Finds Read More Liberty Mutual Insurance Appoints Luiz Francisco Campos as President of Liberty Insurance Singapore Read More View All Industry News Q&A Bed and Breakfast May Not Be a Business Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire September 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