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TODAY'S TOP DEVELOPMENTS Friday, September 30, 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

Automobile Insurance
“Loading and Unloading” Exception Did Not Apply to Teen Injured While Unloading Groceries from Car, Michigan Appeals Court Rules
An appellate court in Michigan, affirming a trial court’s decision, has ruled that a teenager who was hit by a car while he was unloading groceries from a parked car was not entitled to recover personal injury protection benefits from the insurer of the parked car because he had not been injured during the “loading and unloading” process as provided in the state’s no-fault law. Read More

Professional Liability Insurance
Insurer May Introduce Evidence Outside Underlying Complaint in D.J. Action, Seventh Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit, reversing a decision by the U.S. District Court for the Northern District of Illinois, has ruled that an insurer seeking a declaratory judgment on its duty to defend was entitled under Illinois law to introduce evidence outside the underlying complaint so long as it did not implicate an “ultimate issue” in the underlying action. Read More

Life Insurance
Florida Supreme: STOLI Policy Incontestable After Two Years
The Florida Supreme Court has ruled that a life insurance policy that had the required insurable interest at its inception, even where that interest had been created as the result of a stranger-originated life insurance scheme, was incontestable after two years. Read More

Exclusions
Travel Insurer Properly Excluded Coverage for Illness That Manifested on Policy’s Effective Date, N.J. Appeals Court Rules
An appellate court in New Jersey, affirming a trial court’s decision, has ruled that a travel insurance policy excluded coverage for an illness that manifested itself on the policy’s effective date. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

International

“Progress” Reported on U.S-EU Negotiations for Bilateral Agreement on Insurance and Reinsurance Measures
The United States and the European Union have released a brief three-paragraph joint statement on the status of their negotiations for a bilateral agreement on insurance and reinsurance measures. Read More

Insurance Fraud
Pharmacist Sentenced in Connection with $150 Million Medicaid Fraud Scam 
Licensed pharmacist Glenn Schabel, of Melville, Long Island, and his company, Glenn Schabel, Inc., have been sentenced in connection with a nationwide scheme to sell diverted HIV medication to unsuspecting New Yorkers. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Insurance Providers Focus on Customer Experience as Rates Remain Relatively Stable, J.D. Power Study Finds Read More

Nearly One Third of Americans Comparison Shop for Healthcare, but Few Have Full Understanding of Basic Insurance Concepts, UnitedHealthcare Survey Shows 
Read More

More Than 70 Percent of Customers Look to Carriers to Provide More Than Just Basic Insurance Coverage, New Bain & Company Research Shows 
Read More

Average Annual Workplace Family Health Premiums Rose Three Percent in 2016; More Workers Enroll in High-Deductible Plans with Savings Option, Kaiser Reports  
Read More

Year Ahead for Health Care Systems Will Bring Emerging Risks, Complex Workers’ Compensation Claims, According to Aon Global Risk Consulting 
Read More

View All Industry News
 
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Discussion
Direct Physical Contact Requirement for Uninsured Motorists Coverage

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Browse our entire library of over 2,500 insurance resources and forms.
 
 INSURANCE COVERAGE
 LAW REPORT
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View Entire Fall Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@alm.com
60px_newSpears 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, Cope Ehlers, 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
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