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TODAY'S TOP DEVELOPMENTS Tuesday, August 16, 2016     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 Endorsements Illinois Appeals Court Rules That Insurer Breached Duty to Underlying Plaintiff to Update Interrogatory Answer, and Bars It from Capping Its Liability at $50,000 Instead of $1 Million An appellate court in Illinois has ruled that an insurance company had a duty under the Illinois rules of professional conduct to update an interrogatory answer for the benefit of the plaintiff who was suing its insured. The carrier’s failure to do so meant that it could not rely on a policy endorsement that would have limited its liability to $50,000 – instead of the $1 million that it initially had stated in the interrogatory answer. Read More Health Insurance Court Dismisses “Data Breach” Action Against Health Insurer, Finding Policyholders’ Alleged Injuries Too Speculative A federal district court has dismissed an action against a health insurer that suffered a data breach that compromised personal information of over one million policyholders, ruling that the plaintiffs had not demonstrated a substantial risk that their stolen data had been or would be misused in a harmful manner and that merely having had their personal information stolen was insufficient to establish standing to sue the insurer. Read More Life Insurance Beneficiary of Life Insurance Policy Was Entitled to Proceeds, Notwithstanding Insured’s Will, Washington Appeals Court Rules The beneficiary of a life insurance policy was entitled to the policy’s proceeds where he was named beneficiary in his personal capacity notwithstanding the insured’s efforts to have the proceeds distributed by the beneficiary, as her personal representative under her will, to her two sisters, an appellate court in Washington has ruled. Read More Life Insurance Ambiguity in Life Insurance Policy’s Cure Provision Doomed Insurer’s Contention That Policy Had Lapsed The U.S. District Court for the Eastern District of New York has ruled that a cure provision in a life insurance policy was ambiguous and, as a result, has rejected the insurer’s contention that the policy had lapsed for nonpayment of premium. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance New Massachusetts Law Requires Insurance Coverage for Lyme Disease Treatment The Massachusetts legislature has overwhelmingly overridden a veto by Governor Charles D. Baker of a bill mandating insurance coverage for long-term antibiotic therapy for the treatment of Lyme Disease. Read More Homeowners Insurance FAIR Plan to Refund Consumers $350,000 Over Allegations It Unfairly Cancelled Homeowners Policies The Attorney General of Massachusetts, Maura Healey, has reached a settlement with the Massachusetts Property Insurance Underwriting Association, which agreed to pay $350,000 to resolve allegations that it impermissibly cancelled homeowners insurance policies between January 2010 and February 2014. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Competitive Market Boosts Satisfaction with Small Commercial Insurers; Gen Y Satisfaction Spikes Well Above Others, J.D. Power Study Finds  Read More Endurance Global Risk Solutions Launches Environmental Liability Product  Read More Andrew S. Robinson Resigns as President of Specialty Insurance at The Hanover; John C. Roche Assumes Role on Interim Basis  Read More United Insurance Holdings Appoints Scott St. John as Chief Claims Officer  Read More RMS Analysis Reveals the 10 World Ports at Risk of Highest Insurance Loss Due to Catastrophe  Read More View All Industry News   Form Analysis Asbestos Abatement Exposures Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Summer 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@nuco.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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