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TODAY'S TOP DEVELOPMENTS Thursday, January 16, 2014   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 Fire Insurance Insured in Coverage Case May Not Introduce Evidence of His Non-Prosecution for Arson, Court Rules A federal district court in Illinois has granted an insurance company’s motion to bar an insured from mentioning that he was not ever arrested for or convicted of arson in a case seeking coverage for fire damage to the insured’s building. Read More Commercial General Liability Insurer’s Failure to Timely Reserve the Right to Assert Policy Defenses Precludes Application of Intervening Case Law as a Defense, Kentucky Appeals Court Holds An appellate court in Kentucky has ruled that an insurer’s failure to timely reserve the right to assert policy defenses operated to preclude the application of intervening case law as a defense, even if the practical effect was to enlarge the scope of coverage beyond the four corners of the policy. Read More Homeowners Insurance A Round of Golf, Spoiled By a Fight. No Coverage, Circuit Holds Golf, it has been said, is a “good walk spoiled.” A round of golf is spoiled even more when it leads to a fight. And it may be worse, still (at least for the golfers), when a federal circuit court of appeals concludes that a homeowner’s insurance company did not have to defend its insured against a civil suit alleging bodily injury and property damage arising out of that fight.  Read More Excess “Reasonable Expectations” of Additional Insured May Be Different from Those of Named Insured When Determining Its Entitlement to a Defense, California Appeals Court Holds An appeals court in California has held that, for purposes of determining whether an additional insured to an excess and umbrella general liability insurance policy is entitled to a defense by the insurer, the reasonable expectations of the additional insured may be different from the reasonable expectations of the named insured. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Insurance Fraud Third Party Insurance Administrator to Prison for Seven Years for Stealing Over $462,000 The primary owner and operator of a third-party insurance administrator has been sentenced to seven years in New Jersey state prison after being convicted at trial of stealing about one half million dollars from a trust fund that administered health insurance policies and prescription coverage for hundreds of employees and their families. Read More Health Insurance New Law in New York Authorizes Licensing of Providers of Applied Behavior Analysis for People with Autism Spectrum Disorder A new law in New York establishes a new state license for providers of applied behavior analysis services to individuals with autism spectrum disorder, making insurance coverage for their services easier to obtain. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Securian Promotes Theodore J. Schmelzle to Assistant General Counsel and Chief Privacy Officer Read More Lori M. Evangel Named Chief Risk Officer at Genworth Read More Insurance Attorneys Sara J. Brundage and Scott D. Geromette Elected Partner at Honigman Miller Schwartz and Cohn Read More NAIC Names 2014 Committee Leadership Read More Prudential Enhances Its Permanent Life Insurance Product Portfolio Read More View All Industry News Q&A Fluids Damage Assisted Living Facility Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire December/January 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 ($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 [email protected]. 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