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TODAY'S TOP DEVELOPMENTS Thursday, August 1, 2013   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 Health Insurance When Health and Auto Insurance Collide: Michigan Supreme Court Limits Insured’s Right to "Double Recovery" The Michigan Supreme Court has ruled that a person claiming personal protection insurance benefits under MCL 500.3114(5)(a) for injuries arising from a motor vehicle accident may not also recover an award for those same injuries under a health insurance policy that provided that it did not pay for services for which the insured legally did not have to pay. Read More Worker's Compensation Insurer May Not Withhold Portion of Employee's Worker's Comp Award to Offset Its Payment of Employee's Attorney's Fees, Massachusetts Supreme Judicial Court Holds The Supreme Judicial Court of Massachusetts has held that a provision of the Massachusetts Workers' Compensation Act pertaining to attorney's fees, G.L. c. 152, § 13A(10), does not allow an insurer to withhold up to 22 percent of an employee's compensation award for specific injuries under G.L. c. 152, § 36, to offset the insurer's payment of the attorney's fees incurred by the employee. Read More Flood Insurance Fifth Circuit Asked to Decide Whether Federal Law Still Preempts State Misrepresentation Claims Involving Flood Policies A federal district court in Texas has asked the U.S. Court of Appeals for the Fifth Circuit whether it would reconsider its holding in Campo v. Allstate Insurance Co., that federal law does not preempt state law claims grounded on misrepresentations made by a private insurance company during an insured's initial procurement of coverage under a Standard Flood Insurance Policy, in light of the subsequent contrary interpretation by the Federal Emergency Management Agency of the preemptive force of the National Flood Insurance Program. Read More Professional Liability Insurance "Make Whole Doctrine" Does Not Apply to Insurance Policy Deductibles, Connecticut Supreme Court Holds The Connecticut Supreme Court has ruled that the "make whole doctrine" – which restricts the enforcement of an insurer's subrogation rights until after the insured has been made whole – is the default rule under Connecticut law, but that the doctrine does not apply to insurance policy deductibles. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Farm Thousands of Dead People May Have Received Millions in Farm Insurance Payments, GAO Report Finds A U.S. Government Accountability Office report has found that the U.S. Department of Agriculture Risk Management Agency, which administers crop insurance programs, does not have procedures in place consistent with federal internal control standards to prevent potentially improper subsidies on behalf of deceased individuals. Read More Insurance Fraud 11 New Guilty Pleas in Florida Staged Automobile Accident Scheme Eleven more individuals have pleaded guilty to participating in what prosecutors have said was a staged automobile accident and fraudulent chiropractic clinic scheme that resulted in the theft of millions of dollars from Florida's automobile insurance companies and Florida drivers. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS ACE Appoints Eric Larson as Chief Compliance Officer and Ashley Mullins as Global Compliance Counsel Read More Allstate's Dean Pappas Named to University of Maryland Law School Board of Visitors Read More ISO Enhances Its Cyber Liability Insurance Program with Media Liability Coverage Read More Alleghany Announces New Specialty Insurance Initiative under Leadership of Stephen Sills Read More Consumer Awareness about Insurance Fraud Continues to Grow, Pennsylvania Study Finds Read More View All Industry News Discussion Riot or Civil Commotion Coverage August, 2013 Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire August Insurance Coverage Law Report   View Insurance Coverage Law Report Archives Steven A. Meyerowitz, ESQ. Director, FC&S Legal [email protected] Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal [email protected] 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, Tressler 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 ($795 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. 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