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TODAY'S TOP DEVELOPMENTS Tuesday, May 24, 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.


Fire Insurance
Neither Debtor in Bankruptcy Nor Taxing Authorities Trumped Insured’s Right to Insurance Proceeds, District Court Finds
The U.S. District Court for the Western District of Pennsylvania has ruled that the named insured was entitled to all of the proceeds from an insurance policy payable after the destruction of the structure it was operating and that the owner of the property – a company in bankruptcy – and the local taxing authorities were not entitled to any of the funds. Read More

Health Insurance
Bankruptcy Court Says That Health Insurance Payments Were Not Insureds’ Property
The U.S. Bankruptcy Court for the Eastern District of North Carolina has ruled that insurance checks made payable to the policyholder during his bankruptcy case were not property of the policyholder’s bankruptcy estate but, rather, were property of the health care provider that had provided services to the policyholder’s spouse. Read More

Life Insurance
Cash Surrender Value of Life Insurance Policy Was Not Exempt in Bankruptcy, Georgia District Court Rules
A federal district court in Georgia, affirming a bankruptcy court’s decision, has ruled that the cash surrender value of a debtor’s life insurance policy was part of his bankruptcy estate and the policy was not a “trust” under applicable Georgia law. Read More

Workers Compensation
Structured Settlement Agreement Based on Workers’ Comp Award May Not Be Assigned, California Appeals Court Declares
An appellate court in California, affirming a trial court’s decision, has ruled that California law prohibited the assignment of a judgment for structured settlement payments obtained in a workers’ compensation proceeding. Read More

View All Case Law Developments

Insurance Fraud

Florida Insurance Agent, Convicted of Insurance Fraud, Sentenced to Seven Years in Prison
Insurance agent Mario Ferreri, from Orlando, Florida, has been sentenced to seven years in prison and ordered to pay back nearly $1.3 million in restitution. Read More

Federal Actions
Senator Warren Warns That Insurance Safety Net Is Fraying for Gig Workers
In a speech about the so-called “gig” economy before the New America annual conference in Washington, D.C., Senator Elizabeth Warren (D-Mass.) warned that “[t]he safety net – unemployment insurance, workers comp, Social Security – hasn’t been updated to fill in the holes that employers have created.” Read More

View All Legislative/Regulatory Developments
XL Group Appoints Sean McGovern as Chief Compliance Officer, Head of Regulatory & Government Affairs  Read More

Stephen Postlewhite Appointed CEO of Aspen Insurance; Thomas Lillelund Named CEO for Aspen Re 
Read More

Pan-American Life Insurance Group Names Rodolfo Revuelta Executive Vice President 
Read More

Guy Carpenter Forms Strategic Alliance with Symantec to Develop Cyber Aggregation Model 
Read More

AF Group Appoints Lisa Corless President and Bryan Bogardus Executive Vice President and Chief Operating Officer 
Read More

View All Industry News
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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

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