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TODAY'S TOP DEVELOPMENTS Wednesday, September 9, 2015   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 Property In Case of First Impression at Federal Appeals Level, First Circuit Rules that UCC Article 9 Does Not Govern Perfection of Security Interest in Right to Insurance Payment The U.S. Court of Appeals for the First Circuit, in a case of first impression at the federal appellate level, has affirmed a decision by the bankruptcy appellate panel for the First Circuit and has ruled that Article 9 of the Uniform Commercial Code, as enacted in Maine, did not govern the taking and perfection of a security interest in a right to payment arising under an insurance policy. Read More Life Insurance Finding “Actively at Work” Ambiguous, California Appeals Court Rules that Widow Was Entitled to Supplemental Life Benefits An appellate court in California, reversing a trial court’s decision, has ruled that a supplemental life policy’s requirement that the insured be “actively at work” at the policy’s effective date was ambiguous and, therefore, an employee’s widow was entitled to recover benefits following her husband’s death after the policy had become effective on New Year’s Day 2010, without his returning to work. Read More Life Insurance Letter Changing Beneficiary Sent Day Before Policy Owner’s Suicide Was Effective, Court Rules A federal district court in Colorado has ruled that a letter changing the beneficiary of a life insurance policy, written by the policy’s owner the day before his suicide, was effective to change the beneficiary even though it was not on the insurer’s “beneficiary designation” form. Read More Life Insurance Fifth Circuit: No Coverage Where Widow Failed to Show that Husband’s Death Occurred While He Was “Exiting” His Car The U.S. Court of Appeals for the Fifth Circuit, affirming a decision by the U.S. District Court for the Southern District of Texas, has ruled that a widow was not entitled to benefits under her husband’s life insurance policy where she could not demonstrate that he had died while “exiting” from his car and he apparently had died from a fall after he had exited his car. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance HHS Proposes Nondiscrimination Rule under Affordable Care Act The Department of Health and Human Services has issued a proposed rule, Nondiscrimination in Health Programs and Activities, to implement Section 1557 of the Affordable Care Act by extending civil rights protections banning sex discrimination to health programs and activities. Read More Automobile Insurance Missouri Insurance Department Fines Safe Auto for Alleged Violations The Missouri Department of Insurance has determined that Safe Auto Insurance Company failed to provide anti-theft discounts on vehicles that qualified for the discount between 2008-2015. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Mitsui Sumitomo Insurance Company to Acquire British Insurer Amlin for 3.5 Billion Pounds Read More Mike Stone, RLI Insurance Company President & COO, Announces Retirement; Craig Kliethermes to Assume His Roles Read More XL Catlin Unveils New Regional Structure and Leaders for Its Excess and Surplus-Casualty Business in the U.S. Read More FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: Alabama” Read More St. Paul Lawyer Who Had Wife Killed for $1 Million in Insurance Money 50 Years Ago Is Dead Read More View All Industry News   Discussion Homeowners and Premises Liability Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire July/August 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_%%. Click here to unsubscribe from %%merge list.descshort%%. Copyright ©2015 The National Underwriter Company, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874