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TODAY'S TOP DEVELOPMENTS Wednesday, March 2, 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.


Claims Resolution
Arizona Appeals Court Rejects Assertion that Agent Was Negligent for Not Being a “More Aggressive Advocate”
An appellate court in Arizona, affirming a trial court’s decision, has rejected an insured’s negligence claim against its insurance agent, finding that the argument that the agent “should have tried harder” to pursue the insured’s claims with the insured’s insurance carrier and should have been a “more aggressive advocate” was not evidence of the agent’s negligence. Read More

Automobile Insurance
Step-Grandchild Was Not Insured’s “Relative,” Michigan Appeals Court Rules
An appellate court in Michigan, reversing a trial court’s decision, has concluded that the plaintiff was not “related” to her step-grandmother for purposes of the definition of “relative” in the step-grandmother’s automobile insurance policy. Read More

Insurance Fraud
California Appellate Court Allows Use of Car Fire to Convict Insured of Arson to His Office Building Four Years Later
An appellate court in California has rejected a defendant’s appeal of his conviction for arson and insurance fraud on the ground that prosecutors had introduced evidence that his auto had been destroyed in an intentional fire four years before his office building had been intentionally set on fire. Read More

Homeowners Insurance
Homeowners’ Complaint Against Neighbors for Trespass and Intentional Harm to Gate Was Not Covered by Neighbors’ Policy, 9th Circuit Holds
The U.S. Court of Appeals for the Ninth Circuit, affirming a decision by the U.S. District Court for the Central District of California, has ruled that a homeowners’ insurance policy did not provide coverage for claims that the insureds had trespassed and, through an agent, had intentionally damaged a community gate. Read More

View All Case Law Developments

Federal Actions

New Jersey Doctor, Two Companies Agree to Pay $5.25 Million for Allegedly Submitting Bogus Claims to Federal Health Care Programs
Dr. Labib E. Riachi, of Westfield, New Jersey, and two companies that he owns and operates have agreed to pay $5.25 million to resolve allegations that they falsely billed federal health care programs for tests that were never provided, among other claims.  Read More

Insurance Fraud
California Charges Woman with Operating Bogus Insurance Policy Commission Scam
Teresa Marie Davis, of Pomona, California, has been charged by California authorities with identity theft and grand theft in an alleged bogus life insurance scam that netted her over $67,000 in illegal commissions. Read More

View All Legislative/Regulatory Developments
Patricia Pinto Becomes Legal Claims Education Officer at North American Title Read More

XL Catlin Doubles Standalone Terrorism Limits in U.S.  
Read More

J.D. Power 2016 U.S. Property Claims Satisfaction Study Shows Declines in Customer Satisfaction 
Read More

Breckenridge Insurance Group Forms New Company Specializing in Transactional Liability Insurance  
Read More

Philadelphia Insurance Companies Promotes Sam Garro and Patrick Walton  
Read More

View All Industry News
Debris Removal and Coverage for Trees


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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
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 To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or

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