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TODAY'S TOP DEVELOPMENTS Tuesday, May 12, 2015

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.


Life Insurance
Fifth Circuit Limits "Intended Loss" Enhancement to Criminal Sentences in STOLI Insurance Fraud Cases
The U.S. Court of Appeals for the Fifth Circuit, reversing a district court's decision, has ruled that the "intended loss" enhancement to a criminal sentence in an insurance fraud case involving the issuance of life insurance policies to unqualified applicants may not be based on the total amount of the death benefits obtainable under the policies. Read More

Health Insurance

Fifth Circuit Upholds $37 Million Restitution Award Entered against Operators of Decade-Long Insurance Fraud
The U.S. Court of Appeals for the Fifth Circuit has upheld a $37 million restitution award entered against two defendants – married physicians – who operated a decade-long insurance fraud that involved fraudulently billing insurers (including Medicare, Medicaid, and several private insurance companies) for pain injections that they never actually administered to patients. Read More

Life Insurance
Bankruptcy Court Rejects Insured's Contention that Whole Life Policy Was Exempt from His Creditors' Claims
A federal bankruptcy court in Ohio has ruled that the owner of a whole life insurance policy who entered Chapter 7 was not entitled to claim an exemption in the policy to protect it from claims of his creditors where the beneficiary of the policy at the time of the debtor's bankruptcy filing was the debtor's deceased father. Read More

Commercial Property
No Coverage for Damage Caused by Water Pipe that Froze and Burst in Vacant Building, Kentucky Appeals Court Decides
An appellate court in Kentucky, reversing a trial court's decision, has ruled that a vacancy endorsement in a commercial property insurance policy excluded coverage for a loss caused by a frozen water pipe that burst while the building was vacant, rejecting the insured's argument that the exclusion did not take effect until the building had been vacant for 60 days. Read More

View All Case Law Developments

In the States

Board of Florida Citizens Property Insurance Corporation Approves $1 Billion Bond Issue
The board of governors of Florida's Citizens Property Insurance Corporation has approved the issuance of up to $1 billion in pre-event bonds to provide Citizens with cash flow for the 2015 hurricane season and beyond. Read More

Workers Compensation

Owners of Marijuana Dispensary in California Are Charged with Workers' Comp Insurance Fraud
The owners of the Green Cactus Collective Medical Marijuana Dispensary in Palmdale, California, have been charged with multiple felony counts of insurance fraud. Read More

View All Legislative/Regulatory Developments
James Engel Joins Endurance as Chief Claims Officer Read More

IronHealth Adds Emerging Infectious Disease Business Interruption Coverage 
Read More

ABA Conference Explores Insurance Coverage Implications of Using Cellphone App to Get a Ride Read More

White Mountains Insurance Group Invests $13 Million in OneTitle 
Read More

Paul Karon Appointed Vice Chairman of TigerRisk Read More

View All Industry News
Smoke from Fire Not a Pollutant


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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

FC&S Legal: The Insurance Coverage Law Information Center

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