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TODAY'S TOP DEVELOPMENTS Friday, December 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

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

Automobile Insurance
Minnesota Supreme: Unlicensed Out-of-State Insurer Must Pay Minnesota No-Fault Benefits to Its Insured
The Minnesota Supreme Court, reversing an appellate court’s decision, has ruled that Minnesota’s no-fault law required an insurer to pay basic economic loss benefits under the Minnesota no-fault law to an insured injured in an accident in an insured vehicle in Minnesota, even though the insurer was an out-of-state insurer not licensed to write motor vehicle insurance in Minnesota. Read More

Commercial General Liability
Oregon Supreme Court, Dancing Around “Ongoing Operations” Issue, Finds Insurer Had Duty to Defend Additional Insured
The Oregon Supreme Court has affirmed an appellate court decision that an insurer had a duty to defend an additional insured under its commercial general liability insurance policy, although the court specifically did not determine whether the policy’s “ongoing operations” provision required that covered damages must have occurred before the additional insured had completed its work. Read More

Commercial General Liability
California Appeals Court Finds Duty to Defend Suit Alleging Insured’s Negligence Caused Fire 20 Months After Policy’s Expiration
An appellate court in California, reversing a trial court’s decision, has ruled that a commercial general liability insurer had a duty to defend its insured, a contractor who had installed a fireplace in a home, against negligence claims stemming from a fire that occurred after the policies no longer were in effect. Read More


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 LEGISLATIVE/REGULATORY

Life Insurance

California and New Jersey Insurance Regulators Investigating Allegations Wells Fargo Signed Up Consumers for Life Insurance Without Their Permission
Insurance regulators in California and New Jersey are investigating allegations by former employees of Prudential Insurance Company that Wells Fargo Bank employees signed up consumers for Prudential life insurance policies without the consumers’ authorization. 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
W. R. Berkley Forms Berkley Cyber Risk Solutions and Appoints Tracey Vispoli President Read More

EMPLOYERS Expands Workers’ Compensation Insurance Services into Four States 
Read More

Hanover Insurance Group Elects Jane D. Carlin to Board of Directors 
Read More

Anthem Names Scott Towers as President of Dental Business 
Read More

Amanda Blanc Appointed New Chair of ABI’s General Insurance Council  
Read More

View All Industry News
 
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Q&A
PAP Coverage Question over a Trip and Fall

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 INSURANCE COVERAGE
 LAW REPORT
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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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