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TODAY'S TOP DEVELOPMENTS Friday, May 29, 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 Personal Umbrella Ninth Circuit Rules that Brother Living in Trailer Was Not a Resident of Insured’s Household The U.S. Court of Appeals for the Ninth Circuit, reversing a decision by the U.S. District Court for the Southern District of California, has decided that an umbrella insurance policy issued to Gordon Hammers did not cover damages arising out of a car accident with Ellery Chacksfield for which Gordon Hammers’ brother Robert Hammers had been found responsible because Robert Hammers was not a “resident of [Gordon Hammers’] household.” Read More Workers Compensation Worker’s Comp Claimant May Aggregate Wages from Separate Jobs to Calculate Average Weekly Wage, South Dakota’s Top Court Rules in Case of First Impression The South Dakota Supreme Court, in a case of first impression in the state, has ruled that a worker’s compensation claimant could aggregate her wages from three separate jobs in the calculation of her average weekly wage under South Dakota law. Read More Business Income Applying “Closeness to the Risk” and “Total Policy Insuring Intent” Tests, Circuit Finds Only One of Two Insurers Liable for Fire Loss at Strip Mall The U.S. Court of Appeals for the Eighth Circuit, affirming a Minnesota district court’s decision, has ruled that only one of two insurance companies that had issued policies to a strip mall owner was liable for the mall’s loss of income following a fire. Read More Health Insurance Plaintiff May Introduce Medical Providers’ Bills, Not Just Amount Paid by Insurers, in Personal Injury Case, Montana Supreme Court Decides The Montana Supreme Court has ruled that a trial court erred in restricting medical damages evidence that was admissible at trial, holding that a plaintiff in a personal injury action could introduce medical providers’ bills, and not just the amount paid by insurers. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Flood N.Y. Senator Schumer Urges FEMA to Eliminate WYO Insurers U.S. Senator Charles E. Schumer (D-N.Y.) has urged the Federal Emergency Management Agency to scrap the decades-old Write-Your-Own insurance model from the National Flood Insurance Program and move forward to overhaul the process entirely. Read More In the States New York’s Top Insurance Regulator, a/k/a the “Sheriff of Wall Street,” to Resign Benjamin M. Lawsky, Superintendent of the New York Department of Financial Services, the New York agency that regulates insurance companies and banks, is resigning in late June after four years as the agency’s first superintendent. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Travelers Business Risk Index Reveals Increased Concern about Cyber Threats Read More Professional Liability Attorney Mitchell Milby Joins Wilson Elser’s Dallas Office Read More Cyberattack Strikes CareFirst BlueCross BlueShield, Affecting 1.1 Million Read More AIG Acquires Controlling Stake in ING Employee Benefits Global Network Read More FC&S Legal Editorial Advisory Board Member Richard Milone Joins Jones Day in Washington Read More View All Industry News   Form Analysis Personal Effects Form Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire May / June Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com 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@alm.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%%. Copyright ©2015 Summit Professional Networks, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874