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TODAY'S TOP DEVELOPMENTS Monday, November 7, 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 Commercial Property Sorry Shakespeare. There’s a Lot in a Name, as Kentucky Appeals Court Shows in Insurance Coverage Fight. An appellate court in Kentucky has affirmed a trial court’s decision dismissing a complaint against an insurance company brought by an individual who was not the named insured under the insurance policy issued by the insurer. Read More Excess Really, the Insured’s Name Matters, as the Fifth Circuit Tells Tesoro Corporation and Tesoro Refining The U.S. Court of Appeals for the Fifth Circuit has affirmed a decision by the U.S. District Court for the Western District of Texas rejecting the efforts of Tesoro Corporation and Tesoro Refining & Marketing Company, LLC, to have Tesoro Refining deemed the named insured under an insurance policy that named Tesoro Corporation as the insured. Read More Commercial Property Tenth Circuit Upholds District Court’s Jury Instruction on Standard of Proof in Insurer’s Fraud Action Against Insured The U.S. Court of Appeals for the Tenth Circuit has ruled that a “preponderance of the evidence” standard of proof was appropriate in a declaratory judgment action brought by an insurer regarding its rights under the policy because of the insured’s allegedly fraudulent behavior. Read More Insurance Fraud Insurance Adjustor’s Theft from Insured Warranted Two-Level Sentencing Enhancement, Eighth Circuit Affirms The U.S. Court of Appeals for the Eighth Circuit has affirmed a decision by the U.S. District Court for the District of South Dakota applying a two-level enhancement to the sentence imposed on an insurance adjustor who stole money from an insured homeowner. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Workers Compensation California Insurance Commissioner Asks Workers’ Comp Insurers to Reduce Rates California Insurance Commissioner Dave Jones has issued a formal finding that costs to insurers in the workers’ compensation system are declining. As a consequence, he asked that workers’ compensation insurers pass those cost savings on to employers in the form of lower rates. Read More Health Insurance Former Department of Defense Civilian Employee Pleads Guilty in Federal Health Insurance Fraud Case  A Florida man has pleaded guilty to a federal charge of health care fraud for submitting more than 1,300 false claims, seeking about $152,000, to a federal health insurance plan. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS David L. Herzog Named to MetLife’s Board of Directors  Read More U.S. Homeowners Premium Set to Surpass $90 Billion for First Time, According to Aon Study  Read More XL Group Realigns P&C Operating Model and Makes Senior Role Changes  Read More Dino E. Robusto to Assume Role of CNA’s Chair and CEO  Read More Great American Insurance Group Teams Up with Hub International on National Elevator Program  Read More View All Industry News   ISO Form CR 25 46 11 15 Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Fall 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, 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    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 © 2016 ALM Media, LLC. All rights reserved. Privacy Policy 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874