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TODAY'S TOP DEVELOPMENTS Thursday, December 19, 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

Insurance Fraud
Indiana Supreme Court Clears Way for Payment of Multi-Million Dollar Defamation Judgment by State Farm Stemming from an Insurance Fraud Investigation
Several months ago, a court of appeals in Indiana affirmed a $14.5 million defamation judgment against State Farm Fire & Casualty Company in favor of Joseph Radcliff, who had been sued by State Farm for fraud and racketeering and who then had filed a counterclaim against the insurer for defamation. Now, the Indiana Supreme Court has… Read More

Life Insurance

Life Insurer’s Liability for Actions of Its Producer – Even Before Producer’s Formal Appointment – Is Upheld by Maine’s Top Court
The Supreme Judicial Court of Maine has affirmed a lower court’s decision upholding the Maine Superintendent of Insurance’s conclusion that Guarantee Trust Life Insurance Company (“GTL”) was accountable for violations of a number of Maine statutes by a company acting as GTL’s producer – even before the company’s formal appointment as GTL’s producer. As a result, the court upheld the Superintendent’s order that GTL pay a civil penalty of $150,000. Read More

Insurance Fraud
New York’s Top Court Affirms Conviction for Insurance Fraud After Insured’s Building Burned Down, Even Though Jury Found the Insured Innocent of Arson
New York’s highest court, the New York Court of Appeals, has affirmed an insured’s conviction by a jury on a charge of insurance fraud stemming from a fire in a night club owned by the insured – even though the same jury found the insured not guilty of arson. Read More

Commercial Umbrella
West Virginia’s Top Court Upholds Applicability of Liquor Liability Exclusion in Lodge’s Umbrella Insurance Policy
The Supreme Court of Appeals of West Virginia has affirmed a trial court’s decision in a third-party declaratory judgment action upholding the validity and applicability of a liquor liability exclusion in an umbrella insurance policy. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Federal Actions

FTC Takes Action Against Government Insurance Refund Processing Business
The Federal Trade Commission has reached a settlement with the marketers of a government insurance refund processing business that permanently prohibits them from engaging in deceptive sales practices. Read More

Professional Liability Insurance

Law Firms in England and Wales Without Insurance Are Advised on Next Steps
Law firms in England and Wales that so far have been unable to secure a new professional indemnity insurance policy have been advised of their next steps by the Solicitors Regulation Authority. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Insurance Coverage and Reinsurance Litigator Ethan V. Torrey Named U.S. Supreme Court’s Legal Counsel Read More

Tower Group International’s Financial Results Cast “Substantial Doubt” About Its Ability To Continue as a Going Concern, Company Says
Read More

Gulf Coast Law Firms are Representing New York Homeowners in Post-Superstorm Sandy Lawsuits against Insurance Companies, Newsday Reports
Read More

Progressive Elects Glenn M. Renwick Chairman and Stephen R. Hardis Lead Independent Director
Read More

Cozen O’Connor Adds Five Attorneys to Its International Subrogation and Recovery Department
Read More

View All Industry News

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Q&A
False Pretense Exclusion and Theft Coverage

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 INSURANCE COVERAGE
 LAW REPORT
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View Insurance Coverage Law Report Archives
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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