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TODAY'S TOP DEVELOPMENTS Thursday, May 15, 2014

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.


Automobile Insurance
Second Circuit: Health Care Providers Have No Right to Arbitrate Insurer's Fraud Suit
The U.S. Court of Appeals for the Second Circuit, affirming a district court's decision, has ruled that an insurance carrier's policies, which implemented requirements imposed by New York law, did not grant health care providers the right to arbitrate fraud claims brought by the insurer in a lawsuit seeking to recover payments it had made to the providers. Read More

Commercial Property

Ambiguous Definition of "Loss" Dooms Insurer's Limitations Defense
A federal district court in New York has ruled that the definition of "loss" in an art insurance policy issued to a gallery was ambiguous and, therefore, that the gallery's breach of contract action against the insurer had been timely filed. Read More

Commercial Umbrella
Umbrella Policy's Professional Liability Exclusion Bars Coverage of Claims Alleging Insured's Failure to Provide Medication to Prisoners
A federal district court in Texas has ruled that an umbrella policy's professional liability exclusion barred coverage of claims alleging that the insured had an administrative policy of not giving prisoners under its control their scheduled medications. Read More

Employment Practices Liability
Court Rejects Coverage Claim for Immigration Enforcement Action
A federal district court applying substantive Illinois law has rejected an insured's contentions that its insurance policy provided coverage for a U.S. Immigration and Customs enforcement investigation and subsequent criminal charge and settlement. Read More

View All Case Law Developments

In the States

Chester A. McPherson Named Acting Commissioner of District of Columbia's Department of Insurance, Securities, and Banking
Washington, D.C., Mayor Vincent C. Gray has appointed Chester A. McPherson acting commissioner of the Department of Insurance, Securities, and Banking. Read More

Insurance Fraud

Florida Public Adjuster Charged with Insurance Fraud
Robert Eugene Leverett II, a public adjuster in Orlando, Florida, has been charged with insurance fraud for allegedly overestimating a claim by more than $500,000 in an effort to significantly increase the fee he was being paid. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Litigator Kevin P. Kamraczewski Joins Cozen O'Connor in Chicago Read More

Aflac Names Audrey Boone Tillman as General Counsel 
Read More

Melissa Kennedy Becomes New General Counsel at Sun Life Financial 
Read More

FC&S Legal Publishes "Business Liability Policy Requires Insurer to Defend Defamation and Business Tort Claims Arising Out of Business' Web Site Publications" 
Read More

Ironshore Offers Boat and Watercraft Coverage for High Net Worth Homeowners Read More

View All Industry News
Insurability of Punitive Damages


Browse our entire library of over 2,500 insurance resources and forms.

View Entire May Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
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, Rivkin Radler 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 To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or

FC&S Legal: The Insurance Coverage Law Information Center

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