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TODAY'S TOP DEVELOPMENTS Tuesday, September 29, 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 Superstorm Sandy Court Finds Accord and Satisfaction in Superstorm Sandy Case The U.S. District Court for New Jersey has granted an insurer’s motion for summary judgment in a Superstorm Sandy case, finding that the doctrine of accord and satisfaction barred the insured’s claims where it had deposited a check that the insurer had sent counsel for the insured with letters proposing a settlement. Read More Life Insurance No AD&D Benefits Where Heart Disease Contributed to Insured’s Accidental Drowning, Maryland District Court Decides A federal district court in Maryland has ruled that a widow who was the beneficiary under an accidental death and dismemberment policy was not entitled to benefits where heart disease contributed to her husband’s accidental drowning, even if the accidental drowning was the proximate and more immediately precipitating cause. Read More Automobile Insurance Shooting of Person While Gun Was Being Removed from Parked Car Did Not Arise Out of Car’s “Ownership, Maintenance, or Use,” Federal District Court Decides A federal district court in South Carolina has ruled that a person shot by a gun as it was being taken from a parked car was not entitled to underinsured motorist benefits because the accident did not “arise out of the ownership, maintenance, or use” of the vehicle. Read More Homeowners Insurance Court Would Not Infer that Insured Who Shot Gun with Caregiver in Room Had Intended to Harm Her A federal district court in Indiana has ruled that it could not infer as a matter of law that an insured homeowner who had fired a gun with his caregiver in the room had intended to harm her. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance Pennsylvania Insurance Commissioner Says Consumers Will Not Have to Pay Out-of-Network Costs If Insurer’s Provider Directory Is Out-of-Date Pennsylvania Insurance Commissioner Teresa Miller has said that consumers should not pay higher out-of-network costs if they use a health care provider who is out-of-network but, at the time the service was provided, was listed in his or her insurer’s provider directory as in-network. Read More Health Insurance Health Republic Insurance of N.Y. to Cease Writing New Policies The New York State Department of Financial Services (“NYDFS”) has directed the non-profit Health Republic Insurance of New York co-op to cease writing new health insurance policies and the co-op will commence an orderly wind down after the expiration of its existing policies. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Endurance Names Chris Gallagher as New Chief Risk Officer Read More Symetra Offers New Chronic Illness Plus Rider Read More One-Third of Small Businesses in America Have Been Hit by Disasters, Data Shows Read More Employer Family Health Premiums Rise Four Percent to $17,545, Kaiser Family Foundation Finds Read More Berkshire Hathaway Specialty Insurance Names Chaman Aggarwal Property Underwriting Officer Read More View All Industry News   Q&A Appraisal and Mediation Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Septmeber/October 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