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TODAY'S TOP DEVELOPMENTS Friday, December 16, 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 Health Insurance Vermont Supreme: Wife Was Eligible for ACA Subsidies Despite Husband's Decision Not to Enroll in His Employer's Healthcare Plan The Vermont Supreme Court has ruled that a wife was eligible for a subsidized healthcare plan on the Vermont Health Connect exchange under the Patient Protection and Affordable Care Act of 2010 as a person who did not have available health insurance where her husband had elected not to enroll in his employer's healthcare plan and she could not enroll in that plan herself unless he enrolled. Read More Life Insurance Wells Fargo Fraud Extended to Prudential Life Insurance Policies, Whistleblowers Allege Three former supervisors at The Prudential Insurance Company of America have filed a lawsuit alleging that a life insurance program called "MyTerm," created by Prudential with Wells Fargo Bank, had a large number of similarities to how Wells Fargo had opened fraudulent bank accounts. Read More Automobile Insurance No Insurance Coverage for Man Who Was Not "In," "Upon," "Getting In," "On," "Out," or "Off" Insured Vehicle When He Was Injured, Louisiana Court Decides A federal district court in Louisiana has ruled that a man who had not been "in," "upon," or "getting in," "on," "out," or "off" an insured vehicle had not been "occupying" an insured vehicle and, therefore, was not entitled to recover benefits for injuries he suffered after being struck by another vehicle. Read More Reinsurance N.Y.'s Top Court Is Asked: What Does Reinsurance Policy's Per Occurrence Liability Cap Really Cap? The U.S. Court of Appeals for the Second Circuit has asked New York's highest court, the New York Court of Appeals, to decide whether a decade-old decision imposes "either a rule of construction, or a strong presumption, that a per occurrence liability cap in a reinsurance contract limits the total reinsurance available under the contract to the amount of the cap regardless of whether the underlying policy is understood to cover expenses such as, for instance, defense costs?" Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Life Insurance New York Insurance Regulator Proposes to Require Prior Notice Before Life Insurance Premiums Can Be Raised The New York State Department of Financial Services has proposed a new regulation to govern life insurance company practices related to increases in the premiums of certain life insurance and annuity policies. Read More Insurance Fraud Insurance Broker and Wife Charged with Life Insurance Fraud Relating to Death of Their Son An insurance broker and his wife from Albany, New York, have been charged with stealing life insurance payments and attempting to wrongfully obtain life insurance payments by submitting false claims with respect to the death of their son. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS NY Life's Relationship with Susan B. Anthony…  Read More Lack of Transparency in Auto Insurance Market Cost Consumers $101 Billion in the Last Five Years, ValChoice Asserts  Read More Allstate Announces Autonomous Vehicle Research Agreement  Read More FC&S Legal Publishes "9 Fraudsters Join the Hall of Shame"  Read More FC&S Legal Publishes "6 Factors That Affected Insurers in 2016"  Read More View All Industry News   Discussion Potentially Covered Claims and the Duty to Defend 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. 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