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TODAY'S TOP DEVELOPMENTS Tuesday, April 7, 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 Trial Strategy The Insurer's Burden of Proof on a Material Misrepresentation Defense and Its Counterclaim for Statutory Fraud The burden of proof imposed on an insurer in an insurance coverage/insurance fraud case often can determine the outcome. A recent decision by a U.S. magistrate judge on an insurer's material misrepresentation defense (asserted in connection with its denial of the insureds' claim) and on the insurer's counterclaim for statutory fraud illustrates the analysis undertaken by courts to determine the applicable burden of proof in these situations. Read More Directors & Officers Corporate Officer Found Personally Liable under Indemnification Agreement Required by Insurer that Issued Surety Bonds to His Company The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by a federal district court in Michigan, has ruled that a corporate officer who twice signed an indemnity agreement in favor of an insurance company that issued surety bonds to the company was personally liable to the insurer under the agreement. Read More Automobile Insurance Insurer Sufficiently Notified Insureds that PIP Reimbursement Would Be Limited to Medicare Fee Schedules, Florida Appeals Court Decides An appellate court in Florida, reversing a trial court's decision, has ruled that policy language was sufficient to notify insureds that the insurer was using Medicare fee schedules to limit personal injury protection benefit reimbursements and that no "magic words" were required to provide such notice. Read More Excess v. Prime Excess Insurer Found Entitled to Damages from Primary Insurer Where Primary Insurer Settled Suit Against One Insured But Never Sought to Protect Second Insured The U.S. Court of Appeals for the Eleventh Circuit, reversing a Florida district court's decision, has ruled that an excess insurer was entitled to damages from the primary insurer where the primary insurer settled a lawsuit against one of its insureds but "never sought to protect both of its insureds." Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Superstorm Sandy FEMA Creates Superstorm Sandy Web Site to Inform Policyholders of "Sweeping Reforms" The Federal Emergency Management Agency has created a web site to inform National Flood Insurance Program policyholders affected by Superstorm Sandy of new developments. Read More In the States Cigna V.P. Katharine L. Wade Becomes Connecticut Insurance Commissioner Katharine L. Wade, the vice president of public policy, government affairs, and U.S. compliance at Cigna, has been chosen by Connecticut Governor Dannel P. Malloy to become commissioner of the Connecticut Insurance Department. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS GEICO Debuts Ridesharing Product in Maryland Read More Captive Insurance Companies Association Re-Elects Scott Beckman Board Chair and Names New Officers Read More Enrollment in Health Benefits through Towers Watson's Exchange Solutions Expected to Reach about 1.2 Million in 2015 Read More Palomar Specialty Insurance Launches Residential Windstorm-Hurricane Insurance in Hawaii Read More Collapse of an Insurance Empire Examined in the Wall Street Journal Read More View All Industry News   ISO Form CR 00 28 08 13 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. 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