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TODAY'S TOP DEVELOPMENTS Wednesday, September 23, 2015

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.


Automobile Insurance
Addressing for First Time "Getting Out of" Vehicle, Virginia Supreme Court Finds Coverage for Road Construction Employee Killed at Worksite
In a case of first impression, the Virginia Supreme Court has defined "getting out of" a vehicle and has ruled that a road construction employee had been "getting out of" the dump truck he was operating – and that he also had been "using" an unoccupied pickup truck as a safety vehicle – when two allegedly drunk drivers ran into the pickup truck and a front-end loader at the site and the employee was killed. Read More

In 9/11 Case, 2d Circuit Affirms that Policies Entitled Insureds to Share in Subrogation Proceeds Obtained by Insurers If Insureds' Recoverable Damages Exceeded $4.1 Billion
In litigation stemming from the 9/11 terrorist attacks, the U.S. Court of Appeals for the Second Circuit has affirmed decisions by the U.S. District Court for the Southern District of New York insofar as they held that insurance policies entitled World Trade Center Properties LLC, 1 World Trade Center LLC, 2 World Trade Center LLC, 3 World Trade Center LLC, and 4 World Trade Center LLC (collectively, "WTCP") to a share of the subrogation proceeds recovered by the insurers from airlines and affiliated companies only if WTCP had "uncompensated legally recoverable tort damages."  Read More

Claims Resolution
2d Circuit Upholds Ruling Applying N.Y. Law to Reduce Potential 9/11 Damage Awards Against Airlines by Insurance Payments
The U.S. Court of Appeals for the Second Circuit has ruled that World Trade Center plaintiffs were entitled to compensation for September 11 losses in their lawsuit against airlines and security contractors only for the amount of value that their leasehold interests had lost due to the terrorist attacks, that they could not recover their claimed consequential damages, and that, pursuant to New York law, their insurance recoveries corresponded to, and offset, their potential tort award. Read More

Specialty Insurance
Court Reforms "Hole-in-One" Insurance Policy Issued for Golf Tournament
A federal district court judge in Washington has reformed a hole-in-one insurance policy and ordered the insurer to pay the insured for a hole-in-one prize won by a participant in a golf tournament. Read More

View All Case Law Developments

Insurance Fraud

Insurance Broker Charged in Alleged $21 Million Movie Ponzi Scheme
Michelle Kenen Seward and Dror Soref have been charged with operating a Ponzi scheme that allegedly bilked California investors out of $21 million. Read More

Insurance Fraud
Former Humana Employees Sentenced for Taking Kickbacks in Insurance Sales Bribery Scheme
Former Humana Inc. regional sales director Glen Allan Fine and former Humana sales manager James E. Wenger have been sentenced to one year and one day in federal prison and ordered to pay $100,000 each in restitution and forfeit $900,000 each for their roles in a racketeering and bribery scheme connected with their former positions. Read More

View All Legislative/Regulatory Developments
New Medicare Advantage Market Entrants Diversify Consumer Choice, Avalere Analysis Finds  Read More

Torus Rebrands to StarStone  
Read More

Hanover Insurance Group CEO Frederick H. Eppinger to Resign in 2016 
Read More

State Auto Financial General Counsel James A. Yano Dies Unexpectedly  
Read More

Sun Life Financial to Acquire Assurant's U.S. Employee Benefits Business for $975 Million  
Read More

View All Industry News
Form Analysis
Information Security Protection Endorsement


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

View Entire Septmeber/October 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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