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TODAY'S TOP DEVELOPMENTS Thursday, June 19, 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 Commercial General Liability Second Circuit Finds Insurer Was Obligated to Defend Insured Against Former Employee's ERISA Claims The U.S. Court of Appeals for the Second Circuit, reversing a district court decision, has ruled that an insurance company was obligated to defend its insured in a suit in which the plaintiff alleged that the insured had misclassified her as an independent contractor rather than as an employee, thus depriving her of pension benefits under the insured's employee benefits plan. Read More Commercial General Liability Sixth Circuit Rejects Aggregation of TCPA Claims to Meet Amount-in-Controversy Requirement in DJ Action The U.S. Court of Appeals for the Sixth Circuit has ruled that there was no diversity jurisdiction over a declaratory judgment action stemming from a class action lawsuit against the insured under the federal Telephone Consumer Protection Act, ruling among other things that the individual consumer claims against the insured could not be aggregated to meet the amount-in-controversy requirement. Read More Health Insurance California Mental Health Parity Act Requires that Health Insurers Provide Residential Treatment for Eating Disorders Even Where Health Plans Do Not Set Forth Such Treatment, Appellate Court Holds The California Court of Appeal, reversing a trial court's decision, has ruled that the California Mental Health Parity Act, Cal. Health & Saf.Code, § 1374.72, requires that a health insurer provide residential treatment for the treatment of eating disorders even where such treatment is not set forth in the health plan. Read More Eye on the Experts Federal Court in Missouri Holds that Each Fax in a TCPA Blast-Fax Case Triggers a Separate $1,000 Per-Claim Deductible, Insurer Owes No Duty to Indemnify as a Matter of Law While the insurance industry is issuing exclusions trying to deal with blast-fax and similar mass electronic communication problems, a federal district court in Missouri has ruled that because each fax was a separate claim under the Telephone Consumer Protection Act, the deductible provision in a policy effectively negated any chance of coverage by a policy providing property damage and advertising injury coverage. The authors of this Eye on the Experts article discuss the case and its implications. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Federal Actions Pet Insurer Trupanion Files Registration Statement with SEC for Proposed IPO Seattle-based Trupanion, Inc., which provides dog and cat medical insurance for over 180,000 pets, has filed a registration statement on Form S-1 with the Securities and Exchange Commission for a proposed initial public offering of its common stock. Read More Federal Actions House Committee on Financial Services to Consider 5 Year Extension of TRIA, 6 Month Moratorium on SIFI Designations The House of Representatives Committee on Financial Services will be meeting at 10:00 a.m. on June 19, 2014 in open session to consider legislation that would extend the Terrorism Risk Insurance Reform Act of 2014 for another five years and a second bill that would place a six month moratorium on the authority of the Financial Stability Oversight Council to make financial stability determinations. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Aspen's Board Rejects Endurance's Unsolicited Exchange Offer; Endurance Urges Aspen to Negotiate Read More 20 New Insurance Industry Events Added to FC&S Legal Calendar Read More FC&S Legal Publishes "New York Appeals Court Sustains Asbestos Plaintiffs' Direct Suit against Liability Insurer of Dissolved Corporate Defendant" Read More William R. Berkley to Lead New York University Board Read More NICB Names 10 Most-Stolen SUVs/CUVs Read More View All Industry News   Q&A Pressure on Roadway Damages Foundation Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire June 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_%%. 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