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TODAY'S TOP DEVELOPMENTS Tuesday, August 20, 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 Trial Strategy When Are an Insured's Counsel's Communications Prepared in Anticipation of Litigation? Pre-trial discovery disputes in insurance coverage litigation frequently involve a policyholder's efforts to obtain documents prepared by an insurance carrier's attorney on the ground that they are not protected by the work-product privilege. A new decision by an Indiana magistrate judge analyzes the work-product privilege in a first-party dispute in which an insurer sought to obtain communications involving its insured's counsel. Read More Health Insurance "Basic Denial of Insurance Coverage" under Long Term Care Policy Does Not Qualify as Statutory "Financial Elder Abuse," California District Court Holds A federal district court in California has dismissed a claim brought under a long term care insurance policy for statutory "financial elder abuse," ruling that a "basic denial of insurance coverage" was never contemplated as a form of "financial elder abuse." Read More Employee Benefits Disability Policy's "Satisfactory to Us" Language Insufficient to Subject Benefits Denial to Deferential Review, First Circuit Rules The U.S. Court of Appeals for the First Circuit has ruled that "satisfactory to us" language in a long term disability insurance policy was insufficient by itself to permit judicial review of a decision to deny benefits under the arbitrary and capricious standard, and that the de novo review standard was required. The First Circuit joins other circuits that have reached that conclusion in recent years. Read More Homeowners Insurance South Dakota Supreme Court Orders Class Certification in Credit Disability Insurance Suit The South Dakota Supreme Court, reversing a trial court's decision, has ordered the class certification of a lawsuit brought by consumers against CUNA Mutual Insurance Society and Black Hills Federal Credit Union for unilaterally changing their credit disability insurance policy. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Flood FEMA Administrator Fugate to Testify Before Senate Committee Regarding Flood Insurance Increases Craig Fugate, the administrator of the Federal Emergency Management Agency, will testify at a U.S. Senate Banking Committee hearing regarding increases to flood insurance premiums under the National Flood Insurance Program. U.S. Senator David Vitter (R-La.) said that he will bring Mr. Fugate before the committee, likely on September 18, 2013. Read More Automobile Insurance California Assembly Judiciary Committee Approves Legislation Enabling Consumers to Renew Insurance Policies Electronically The California Assembly Judiciary Committee has approved SB 251, authored by Senator Ron Calderon (D-Montebello), to give insurance policyholders the option to access their policy renewal documents electronically. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Insurance Coverage Lawyer Scott N. Godes Joins Barnes & Thornburg Read More 3 Lawyers Honored by Vermont Captive Insurance Association Read More Berkshire Hathaway Specialty Insurance Names Health Care and Construction Leaders Read More Aon Unveils Enhanced Bermuda Shorts Excess Liability Follow Form Policy Read More Tower Group International Terminates Agreement to Acquire American Safety Reinsurance Read More View All Industry News Q&A Faulty Construction and Ensuing Damage 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. 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 [email protected]. 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