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TODAY'S TOP DEVELOPMENTS Friday, August 30, 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 State Supreme Court Decision Pennsylvania Top Court Confirms that MCARE Fund Can Be Liable to Health Care Provider for Delay Damages for Excessive Med Mal Verdict The Pennsylvania Supreme Court has confirmed that Pennsylvania’s Medical Care Availability and Reduction of Error Fund (the “MCARE Fund”) can be held liable to a health care provider on a claim for indemnification for delay damages and post -judgment interest based on an underlying medical malpractice jury verdict that exceeded the MCARE Fund’s $1 million coverage limit. Read More State Supreme Court Decision Single Gunshot Was One Occurrence Notwithstanding Number of People Injured, Alaska Supreme Court Holds The Alaska Supreme Court has held that a family’s homeowner’s insurance policy provided a $300,000 limit to “Each Occurrence” notwithstanding the number of insureds, and that a single gunshot was one occurrence notwithstanding the number of people who were injured. Read More State Supreme Court Decision 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 State Supreme Court Decision South Carolina Supreme Court Holds that Collateral Source Rule Does Not Affect UIM Policy’s “Other Insurance” Provision The South Carolina Supreme Court has ruled that the collateral source rule on underinsured motorist property damage coverage where the homeowner’s policy had already paid for the property damage did not apply and, therefore, there was no UIM property damage coverage available.” Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States New York Regulator’s Audit Finds Serious Information Technology Problems at State Pension Fund The New York Department of Financial Services, in the first of a planned series of audits of the New York State Common Retirement Fund, has found “serious information technology problems” at the Office of the State Comptroller that, it said, are putting retirees and taxpayers at significant risk. Read More In the States N.Y. Again Obtains “Policyholder Safeguards” in Exchange for Approving Private Equity Firm’s Acquisition of Annuity Business The New York Department of Financial Services has announced that a second major private equity firm has agreed to “enhanced policyholder protections” as part of an annuity company acquisition. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS 36 Percent of Consumers Would Switch Auto Insurers to Receive Usage-Based Insurance Discount, LexisNexis Survey Finds Read More Insurance, and Other Costs, Make Georgia the Most Expensive State to Operate a Car; Oregon is the Cheapest Read More Catastrophes Cost Global Insurers Over US$20 Billion in First Half of 2013, Swiss Re Reports Read More American Lives Underinsured by an Average of $1.2 Million, Study Finds Read More P&C Insurers Are Among Top Holders of Muni Bonds, Report Finds Read More View All Industry News Q&A Rental Car as Nonowned Vehicle Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire September 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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