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TODAY'S TOP DEVELOPMENTS Thursday, March 10, 2016

 
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

Excess
Sixth Circuit Decides that Kentucky's Top Court Would Not Extend Notice-Prejudice Rule to Claims-Made Policies
The U.S. Court of Appeals for the Sixth Circuit has agreed with a prediction by the U.S. District Court for the Eastern District of Kentucky that the Kentucky Supreme Court would "not extend the notice-prejudice rule to a claims-made policy." Read More

Automobile Insurance
N.J. District Court Refuses to Dismiss False Claims Act Suit Against Insurer Alleging That It Violated Secondary Payer Law
The U.S. District Court for the District of New Jersey has refused to dismiss a lawsuit against an insurance company alleging that the insurer had violated the federal False Claims Act by allowing Medicare and Medicaid beneficiaries to elect a "health first" automobile insurance policy in an online application that caused health care providers to submit medical claims to Medicare and Medicaid in violation of the Medicare secondary payer law. Read More

Verdicts & Settlements
Plaintiff Fell on Ice That Was "Open and Obvious," Victorious Property Owner Contended
A Michigan jury has rejected a plaintiff's negligence action against a property owner in which the plaintiff sought damages for injuries he claimed he suffered when he fell on black ice on the owner's property, finding that the owner was not negligent. Read More

Workers Compensation
Minnesota Supreme: Employer Program Was Not Voluntary When Employees Had to Attend or Use Vacation Time to Get Paid
The Minnesota Supreme Court has ruled that an employer-sponsored recreational program was not "voluntary" when it took place during work hours and employees either had to attend the event or use vacation time to get paid. It also ruled that individual activities that took place during a voluntary activity at the recreational program did not constitute separate "programs." Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Health Insurance

South Carolina Man Sentenced to 82 Months in Prison for Role in Nationwide Health Care Benefits Scheme
A South Carolina man has been sentenced to 82 months in prison for his role in a nationwide health care fraud scheme that, prosecutors said, defrauded more than 17,000 victims. Read More

Insurance Fraud
Los Angeles Insurance Agent Convicted of Identity Theft and Forgery
Said Lakhlifi, a licensed insurance agent in California and the owner of Mogador Insurance Center, has pleaded no contest and has been convicted on three misdemeanor counts of identity theft, forgery, and petty theft. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Ironshore Specialty Casualty Expands Coverage for Transportation Sector Read More

MagMutual and West Virginia Mutual Insurance Company Form Joint Venture 
Read More

Marketform Appoints Darren Lednor Chief Underwriting Officer 
Read More

Endurance Hires Giles Quartly to Launch International Casualty Insurance 
Read More

XL Catlin Appoints Nick Greggains to Lead Insurance Business in Canada 
Read More

View All Industry News
 
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Q&A
Third Party Property Damage Claim

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 INSURANCE COVERAGE
 LAW REPORT
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View Entire January/February 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.

FC&S Legal: The Insurance Coverage Law Information Center
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