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TODAY'S TOP DEVELOPMENTS Monday, August 11, 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.


Health Insurance
Rejecting Self-Insurers’ Arguments, Sixth Circuit Rules that ERISA Does Not Preempt Michigan’s Health Care Tax
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by a federal district court in Michigan, has ruled that the Employee Retirement Income Security Act of 1974, or ERISA, does not preempt a Michigan law imposing a tax on claims paid to health care providers by carriers or third party administrators. Read More


Financial Institution Bond Was Not a Surety Contract, South Dakota Supreme Court Rules
In answer to a certified question from the U.S. District Court for the District of South Dakota, the South Dakota Supreme Court has concluded that a financial institution bond was not a surety contract. Read More

Life Insurance
Florida Court Rejects Regulator’s Requirement that Life Insurers Check Social Security Administration’s Death Master File
A Florida state court has ruled that Florida’s Department of Financial Services may not require that life insurers check Google, LexisNexis, or the Social Security Administration’s Death Master File to ascertain whether any insured has died, concluding that life insurance funds become “due and payable” under Florida law when an insurer knows that the insured has died, or when the insured has attained or would have attained the limiting age. Read More

Nebraska Supreme Court Refuses to Extend Antisubrogation Rule to Landlord’s Uninsured Fire Losses Allegedly Caused by Tenant’s Negligence
The Nebraska Supreme Court, which has applied an antisubrogation rule to prohibit a landlord’s insurer from seeking reimbursement from a tenant of fire losses paid by insurance, has declined to extend the antisubrogation rule to a landlord’s uninsured losses allegedly caused by its tenant’s negligence. Read More

View All Case Law Developments

In the States

NAIC Releases Second Volume of Insurance Department Resources Report
The National Association of Insurance Commissioners has released the second volume of the 27th edition of the Insurance Department Resources Report. Read More

Insurance Fraud

California Insurance Agent Charged with Scamming Seniors Out of More than $2 Million
John Paul Slawinski, a California insurance agent whose license was revoked in June, has been arrested and charged with five felony counts of financial elder abuse and five counts of burglary for allegedly scamming five senior citizens out of more than $2 million through the sale and surrender of investment annuity products. Read More

View All Legislative/Regulatory Developments
Endurance Hires Adrian Poxon to Launch Endurance Re Global Marine & Energy Unit Read More

Insurance Research Council Study Finds a Declining Trend in the Percentage of Uninsured Motorists 
Read More

“Puerto Rico Amends its Insurance Code to Enhance Business Opportunities through the PR International Insurance Center” is Published in FC&S Legal’s Flagship Publication, the Insurance Coverage Law Report 
Read More

Genworth Financial Provides Additional Disclosure on Long Term Care Insurance 
Read More

Coverys’ Medical Professional Mutual Insurance Company Finalizes Acquisition of Preferred Professional Insurance Read More

View All Industry News
Tenant's Policy Coverage When Tenant Dies on the Property


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

View Entire August 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
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

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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