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TODAY'S TOP DEVELOPMENTS Thursday, December 12, 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

Workers Compensation
Where Subcontractor's New Jersey Insurer Did Not Provide Coverage in New York, Contractor's New York Carrier Deemed Responsible
A New York court has ruled that a contractor's workers' compensation carrier was responsible for paying benefits stemming from the death of a subcontractor's employee in New York where the subcontractor's carrier only provided coverage in New Jersey. Read More

Workers Compensation

Defense Base Act Preempts Claims Against Insurer By Civilian Contractor Injured in Iraq
A federal district court in California has dismissed claims brought by a civilian contractor injured in Iraq against his employer's workers' compensation insurance carrier, finding those claims preempted by The Defense Base Act. Read More

Commercial General Liability
After a Declaratory Judgment Action Is Decided: What Happens Next?
What happens to the "underlying" case after a declaratory judgment action is decided in favor of coverage? A decision by a federal district court in Oklahoma illustrates some of the possible next steps. Read More

Commercial General Liability
Insurer that Lost DJ Action Must Pay Insured's Attorney's Fees, Court Rules
A federal district court in Minnesota has ruled that the provisions of an insurance policy required that an insurance company that lost a declaratory judgment action pay the insured's attorney's fees and costs, even where the insurer had accepted the insured's tender and had provided a defense in the underlying action. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Life Insurance

With Another Life Insurer Settling Death Master File Investigation, More Than Half the Market Now Has Signed On
State insurance regulators have reached a settlement with the Lincoln National group of insurers over the insurers' use of the Social Security Administration's Death Master File database. Read More

Health Insurance

Consumer Financial Protection Bureau Orders $34.1 Million Refund for CareCredit's "Deceptive Tactics" in Marketing Its Health Care Credit Card
The Consumer Financial Protection Bureau ("CFPB") has ordered GE Capital Retail Bank and its subsidiary, CareCredit, to refund up to $34.1 million to consumers who, the CFPB said, were victims of deceptive credit card enrollment tactics at doctors' and dentists' offices around the country. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Robert L. Romeo Named Vice President for Health Care Professional & Construction Line Claims at Berkshire Hathaway Specialty Insurance Read More

Eleanor Kitzman Appointed Vice President of Starr Insurance Holdings
Read More

Fireman's Fund Enhances High Net Worth Art Collection Coverage
Read More

Ironshore Expands Flood Insurance Coverage for High Net Worth Homeowners
Read More

Recent Cases Clarify When Insureds Have the Right to Choose Their Own Counsel and Control Their Own Defense
Read More

View All Industry News

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Discussion
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 LAW REPORT
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears 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 ($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 [email protected].

FC&S Legal: The Insurance Coverage Law Information Center
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