Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Tuesday, August 6, 2013

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.


Product Liability Coverage
8th Circuit Affirms Denial of Coverage Where Insured Did Not Demonstrate that Aquarium Heater Met Voluntary or Mandatory Safety Standard
The U.S. Court of Appeals for the Eighth Circuit has affirmed a decision by a federal district court in favor of an insurer, ruling that the insured had not met a condition precedent to coverage because it had failed to demonstrate that its aquarium heater had met a voluntary or mandatory safety standard. Read More

Commercial General Liability

Bad Faith and False Advertising Claims against Insurers Can Be Brought Under California's Unfair Competition Law, State's Top Court Holds
The California Supreme Court has held that insurance practices - such as insurance bad faith and false advertising - that violate California's Unfair Insurance Practices Act can support an insured's lawsuit against his or her insurer under the state's Unfair Competition Law. Read More

Life Insurance
2d Circuit Affirms Denial of Life Insurer's Bid for $100 Million Tax Refund Stemming from Disallowed Deductions of Accrued Expense
The U.S. Court of Appeals for the Second Circuit has affirmed a district court's decision that, with respect to two tax deductions claimed by a life insurer, "all events" had not yet occurred to fix the insurer's liability in the tax years in which it had taken the deductions. Because the insurer's liability for the dividends was contingent, the circuit court held, it did not satisfy the regulatory requirements for deduction of an accrued expense. Read More

Commercial Property
Insured that Provided Electricity and Gas to One Unit Met Policy Requirement to "Maintain" Building's Heat, Appellate Court Holds
An appellate court in Texas has affirmed a trial court's decision that an insured was entitled to coverage for damage suffered when a pipe froze and ruptured in a building it owned, ruling that the insured had met the policy's condition that it "maintain heat in the building" by providing electricity and gas to one occupied unit. Read More

View All Case Law Developments

Health Insurance

New York Adopts "Applied Behavior Analysis" Regulation
The New York State Department of Financial Services has adopted a new regulation setting forth the requirements for insurance reimbursement for applied behavior analysis, a treatment for autism spectrum disorder. Read More

Insurance Fraud

2 Attorneys and 2 Insurance Agents Charged in Alleged $50 Million Life Insurance Fraud
California attorneys Kasra Sadr and Brenda Barrera Merriles and insurance brokers Byron Frisch and Kristian Giordano have been charged with fraudulently causing life insurance companies to issue more than $50 million worth of policies to unqualified applicants who had no intention of paying the policy premiums. Read More

View All Legislative/Regulatory Developments
Free Webinar: Hot Issues in the Insurance Bad Faith Arena Read More

Allstate Launches New Whole Life Insurance Product 
Read More

Sun Life Completes Sale of Domestic U.S. Annuity Business to Delaware Life 
Read More

Aviva and Bank Zachodni Expand Their Bancassurance Partnership 
Read More

Boat Thefts in U.S. Decline Slightly, with Florida Leading in Thefts and "Jet Skis" the Top Target 
Read More

View All Industry News

Coverage Analysis
The Betterment Provision of the Personal Auto Policy


Browse our entire library of over 2,500 insurance resources and forms.

View Entire August Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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, Tressler 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

FC&S Daily Legal Report ($795 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 [email protected].

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add [email protected]
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2013 Summit Business Media, All rights reserved. Privacy Policy
Summit Business Media
  5081 Olympic Blvd
Erlanger, KY 41018