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TODAY'S TOP DEVELOPMENTS Tuesday, October 13, 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

Automobile Insurance
Louisiana Supreme: Collateral Source Rule Does Not Include Attorney-Negotiated Medical Discounts Obtained in Litigation
The Louisiana Supreme Court has adopted a "bright-line rule" that medical discounts negotiated by a plaintiff's attorney do "not fall within the ambit of the collateral source rule." Read More

Commercial General Liability
Oregon Supreme: Insured Could Not Amend Underlying Settlement Agreement to Revive Liability to Obtain Insurance Coverage
The Oregon Supreme Court has ruled that an insured builder and a homeowner's association could not amend their settlement agreement to retroactively revive liability that had been eliminated in their original agreement in order to obtain insurance coverage.  Read More

Workers Compensation
Tennessee Supreme: Tennessee May Not Impose Retaliatory Tax on Pennsylvania-Domiciled Workers Comp Insurers
The Tennessee Supreme Court has ruled that the Tennessee Claims Commission may not impose retaliatory taxes on five groups of Pennsylvania—domiciled workers compensation insurance companies where Pennsylvania's workers compensation law did not impose taxes on Tennessee insurers providing workers compensation coverage there.  Read More

Employee Benefits
Seventh Circuit Reverses Health Care Providers' Award Against Insurer, Finding that They Were Not Beneficiaries Under an ERISA Plan
The U.S. Court of Appeals for the Seventh Circuit, reversing a decision by the U.S. District Court for the Northern District of Illinois, has ruled that health care providers who signed provider contracts with an insurer were not beneficiaries entitled to sue the insurer under the Employee Retirement Income Security Act.  Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

In the States

Former Nevada Insurance Commissioner Is Named VP of State Affairs at PCMA
Former Nevada Insurance Commissioner Scott Kipper has been named the new vice president of state affairs at the Pharmaceutical Care Management Association. Read More

Superstorm Sandy
FEMA Seeks to Recover More than $14 Million Paid to Superstorm Sandy Claimants
The Federal Emergency Management Agency is seeking to recover $14 million in Superstorm Sandy grant money from 2,000 New York claimants it says were not entitled to the payments. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Arch Reinsurance Appoints Joel Livingston Chief Underwriting Officer  Read More

Allianz Global Corporate & Specialty, AIG Aviation, Global Aerospace, and Transport Risk Management Named Founding Members of UAS Insurance Association  
Read More

Berkshire Hathaway Specialty Insurance Appoints New Leaders for Executive & Professional Lines  
Read More

Paul Stueven of Fairmont Farmers Mutual Assumes Chairmanship of NAMIC  
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Delaware"  
Read More

View All Industry News
 
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Discussion
Assault and Battery Exclusion

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 INSURANCE COVERAGE
 LAW REPORT
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View Entire Septmeber/October Insurance Coverage Law Report
 
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@alm.com
60px_newSpears 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.

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