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TODAY'S TOP DEVELOPMENTS Wednesday, June 1, 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.


Ohio Supreme: "Abuse or Molestation" Exclusion Precluded Coverage for Insured's Vicarious Liability for Employee's Physical Abuse of Child in Insured's Care
The Ohio Supreme Court has ruled that an "abuse or molestation" exclusion in a commercial liability insurance policy excluded coverage for an award of damages based on the insured's vicarious liability for a claim arising from its employee's physical abuse of a child in the insured's care and custody. Read More

Facebook Posts Help Court Decide That Care in Woman's Home Was Excluded "Child Care Services," Not Permitted "Babysitting"
A federal district court in Virginia, citing Facebook posts, has ruled that care provided by a woman to a child in her home was "child care services" and excluded from coverage under the "plain meaning" of her homeowners' insurance policy, rather than permitted "babysitting" services. Read More

Widow of Navy SEAL Who Committed Suicide May Not Recover Death Benefits, Court Rules
A federal district court in Virginia has upheld a plan administrator's decision denying benefits to the widow of a Navy SEAL who committed suicide, rejecting her contention that he did not have the mental capacity to commit suicide. Read More

Health Insurance
Neither Psychiatrists Nor Their Professional Associations Had Standing to Assert Claims Against Insurers Under Mental Health Parity Law, Second Circuit Holds
The U.S. Court of Appeals for the Second Circuit, affirming a decision by the U.S. District Court for the District of Connecticut, has ruled that individual psychiatrists and three professional associations of psychiatrists did not have standing to assert that health insurers' reimbursement practices discriminated against patients with mental health and substance use disorders. Read More

View All Case Law Developments

Insurance Fraud

"Three-Quarter Housing Operators" Charged with Medicaid Fraud and Money Laundering
Yury Baumblit and Rimma Baumblit, "three-quarter house" operators in New York City, and their corporate entities have been indicted on charges of Grand Larceny in the Second Degree, Money Laundering in the Second Degree, and violations of the Social Services Law prohibiting the payment of kickbacks related to the provision of services under the state's Medicaid program. Read More

Insurance Fraud
Former New York Police Officer is Convicted of Social Security Disability Fraud
A jury in Manhattan has convicted Kevin Hurley, a former New York City police officer, of stealing over $200,000 in connection with what prosecutors have characterized as a "massive fraud" committed against the Social Security Disability Insurance program by multiple individuals including Hurley, resulting in the loss of hundreds of millions of dollars in federal taxpayer funds. Read More

View All Legislative/Regulatory Developments
Zurich Insurance Appoints Geno Fernandez as Chief Underwriting Officer for Zurich North America Read More

Cybersecurity Breaches Hit Nearly Three in Four Organizations, New CompTIA Research Reveals 
Read More

QBE North America Appoints Erin Fry Senior Vice President and Underwriting Leader for Specialty Programs 
Read More

XL Catlin Adds Wayne Jacobson, Joseph Tina, Helen Watkinson, and Denise Dass-Hewitt to Global Energy Team 
Read More

Ontario Insurance Company Launches Insurance Package for Craft Beverage Producers 
Read More

View All Industry News
Increased Cost of Construction Coverage for Tenant's Improvements and Betterments


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View Entire Spring 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
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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