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TODAY'S TOP DEVELOPMENTS Wednesday, July 30, 2014

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.


Workers Compensation
Surviving Same-Sex Partner May Receive Workers’ Comp Death Benefits, Alaska Supreme Court Rules
The Alaska Supreme Court, reversing a decision by the Alaska Workers’ Compensation Appeals Commission, has ruled that a surviving same-sex partner may receive workers’ compensation death benefits notwithstanding the Marriage Amendment to the Alaska constitution, which defines marriage as “only between one man and one woman.” The court decided that the Marriage Amendment’s restriction on the workers’ compensation law’s definition of “widow” violated the surviving same-sex partner’s right to equal protection under the law. Read More

Fire Insurance

Family Feud: No Coverage Where One of Four Brothers Associated with Family Realty Trust and Tavern Committed Arson
Rejecting an innocent co-insured argument, an appellate court in Massachusetts has ruled that a family realty trust was not entitled to coverage for a fire loss to a building that housed a tavern where one of the four brothers associated with the trust and tavern had set the fire. Read More

Homeowners Insurance
Suit Alleging Insured Failed to Properly Educate Mentally Disabled Students Did Not Assert “Occurrences,” Court Finds
A federal district court in Arkansas has ruled that a complaint against the chief executive officer of a company that had a contract to provide alternate education for mentally disabled students asserted only intentional acts and not “occurrences” that were covered by the CEO’s homeowners’ and umbrella insurance policies. Read More

Automobile Insurance
Collateral Protection Insurance Is Not Liability Insurance under Liability Risk Retention Act of 1986, 10th Circuit Rules
The U.S. Court of Appeals for the Tenth Circuit has ruled that collateral protection insurance is not liability insurance under the definition set out in the federal Liability Risk Retention Act of 1986. Read More

View All Case Law Developments

Workers Compensation

Up to 146 Employees of One Company May Have Committed Workers’ Comp Fraud, Florida Financial Officer Jeff Atwater Charges
An investigation in Naples by the Florida Department of Financial Services’ Division of Insurance Fraud has revealed that as many as 146 employees of Fruit Dynamics, LLC, more commonly known as Incredible Fresh or Collier County Produce, may have committed workers’ compensation fraud, according to Florida Chief Financial Officer Jeff Atwater. Read More

Automobile Insurance

Louisiana Insurance Commissioner Urges Potential Rideshare Drivers to Review Auto Insurance Coverage
Louisiana’s Commissioner of Insurance Jim Donelon has joined a number of other states in issuing a consumer alert to potential drivers of new transportation network companies or rideshare services. Read More

View All Legislative/Regulatory Developments
Mortgage Guaranty Insurance Corporation CEO Curt Culver to Retire and Become Non-Executive Chairman; COO Patrick Sinks Elected to Board and Will Become CEO Read More

MassMutual Establishes MassMutual Ventures LLC 
Read More

Louis Castoria Joins Kaufman Dolowich & Voluck as Partner in San Francisco 
Read More

Eighty Percent of Chief Litigation Officers in Insurance and Financial Services Industries Keep Work In-House, Consero Survey Shows 
Read More

Courtney Wilson Becomes President at First Guard Insurance 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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
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
David D. Thamann, The National Underwriter Company

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