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TODAY'S TOP DEVELOPMENTS Monday, March 23, 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 Employee Benefits “Active Work” in Law Firm’s Group Long Term Disability Plan Was Ambiguous, Court Rules In Cheney v. Standard Ins. Co., No. 13 C 4269 (N.D. Ill. Aug. 28, 2014), the U.S. District Court for the Northern District of Illinois decided that Carole Cheney, an attorney at Kirkland & Ellis LLP who eventually became a non-share partner specializing in appellate and commercial litigation, was entitled to receive disability benefits under a group long term disability plan offered through Kirkland & Ellis by Standard Insurance Company. Now, the court has issued a decision on the calculation of Ms. Cheney’s pre-disability earnings. Read More Environmental Liability Escape of Natural Gas from Damaged Pipe Was a “Pollution Condition,” Wisconsin Supreme Court Holds The Wisconsin Supreme Court, reversing a decision by an intermediate appellate court, has ruled that a natural gas leak was a “pollution condition” under a contractors’ pollution liability insurance policy and that a natural gas-fueled explosion and fire caused the bodily injury and property damage alleged in lawsuits against the insured. Read More Commercial General Liability Total Pollution Exclusion Did Not Preclude Coverage of Claim for Injuries Allegedly Caused by Smoke from a Fire, Michigan Appeals Court Rules An appellate court in Michigan, affirming a trial court’s decision, has ruled that the total pollution exclusion in a landlord’s commercial general liability insurance policy did not preclude coverage for alleged injuries that occurred following a fire in the apartment complex where the underlying plaintiffs resided. Read More Commercial General Liability Fourth Circuit: Insurer Must Defend Pharmaceutical Distributor Against State Complaint Stemming from Prescription Drug Abuse Epidemic The U.S. Court of Appeals for the Fourth Circuit, affirming a district court’s decision, has ruled that the insurance company that issued a commercial general liability insurance policy to a South Carolina wholesale pharmaceutical distributor must defend its insured against a lawsuit brought by the state of West Virginia asserting that the insured had “substantially contributed” to the state’s prescription drug abuse epidemic by failing to maintain sufficient controls that would flag suspicious orders as required by West Virginia law. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance Another Health Insurer Settles with New York Over Mental Health Parity Laws Rochester, New York-based Excellus Health Plan has reached an agreement with New York State that requires the health insurer to cover residential treatment for behavioral health conditions and reform its procedures for evaluating behavioral health treatment claims. Read More In the States Florida Office of Insurance Regulation Eliminates Last Hurricane Assessment The Florida Office of Insurance Regulation has eliminated, early, the last of a series of emergency assessments on property insurance policyholders in Florida used to pay off claims from the eight hurricanes of 2004-2005. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Horsepower and High Tech: The Costliest Cars to Insure Are… Read More ACE Introduces Broader Coverage to Protect Against Operational Environmental Risks Read More FC&S Legal Publishes “Supreme Court of New Jersey Confirms ‘Fairly Debatable’ Standard for First Party Bad Faith; Acknowledges Relevance of Actual Investigation” Read More Retiree Medical Program Alternatives Gaining Steam Read More Penn Mutual Life Appoints Jessica Choi as Assistant Vice President of Talent Acquisition and Diversity Read More View All Industry News   Form Analysis Golfer's Equipment Form Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire March / April Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@SummitProNets.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@SummitProNets.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 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, Rivkin Radler 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 customerservice@SummitProNets.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com 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%%. ©2015 Summit Professional Networks, All rights reserved. Privacy Policy 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874