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TODAY'S TOP DEVELOPMENTS Tuesday, May 19, 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.


Automobile Insurance
Court Denies Insurer's "Unusual" Motion to Depose Insured's Attorney in Bad Faith Case
A federal district court in South Carolina has denied an insurance company';s "unusual" motion to depose an insured's attorney in the insured's bad faith case, finding that the insurer had not demonstrated that there was any information peculiarly within the attorney's knowledge and that no other means existed to obtain that information. Read More

Automobile Insurance

Insured's Failure to Provide Sufficient Information about Her Pre-Existing Condition Dooms Her Coverage Claim
A federal district court in Nevada has granted an insurer's motion for summary judgment in a case filed by its insured, ruling that the insured could not sue the insurer to obtain payment of a claim allegedly stemming from an auto accident where the insured had not provided information requested by the insurer about a pre-existing condition. Read More

Homeowners Insurance
Florida Federal Court Rejects Motion to Dismiss Claims in Force-Placed Insurance Case
The U.S. District Court for the Southern District of Florida has refused to dismiss claims in a "force-placed insurance" case, finding that mere disclosure of the higher cost of force-placing insurance was insufficient to permit it to dismiss the plaintiffs' amended complaint. 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

View All Case Law Developments

Automobile Insurance

New York Legislators Propose "Rate Evasion" Law
Legislation has been introduced in both houses of the New York State legislature that would make it a felony to register a vehicle outside of New York to pay lower insurance premiums. Read More

Automobile Insurance

Arizona Insurance Department Issues Regulatory Bulletin on Insurance for Transportation Network Companies
The Arizona Department of Insurance has issued a regulatory bulletin in anticipation of the July 3, 2015 effective date of HB 2135, which established insurance and regulatory requirements for transportation network companies and their drivers. Read More

View All Legislative/Regulatory Developments
Employers Holdings Names Lori A. Brown Senior Vice President and Deputy General Counsel Read More

Ironshore Raises Capacity Limits for Builder's Risk Property Products 
Read More

Life Insurers Challenged by Competitive Landscape, Towers Watson Survey Finds Read More

Prudential Insurance Concludes First Longevity Reinsurance Transaction with Pension Insurance Corp. plc 
Read More

Global Insurers Embrace Risk Management as a Strategic Business Partner, Towers Watson Survey Finds Read More

View All Industry News
No Coverage for Leaky Roof


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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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