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TODAY'S TOP DEVELOPMENTS Tuesday, September 27, 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.


Professional Liability Insurance
Insurer May Introduce Evidence Outside Underlying Complaint in D.J. Action, Seventh Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit, reversing a decision by the U.S. District Court for the Northern District of Illinois, has ruled that an insurer seeking a declaratory judgment on its duty to defend was entitled under Illinois law to introduce evidence outside the underlying complaint so long as it did not implicate an “ultimate issue” in the underlying action. Read More

Employee Benefits
GoDaddy’s Claim Is Gone: Court Finds ERISA Preemption of Breach of Contract Action Against Plan Participant
A federal district court in Arizona has dismissed a breach of contract claim brought by LLC and the LLC Welfare Benefit Plan against a plan participant that sought to recover settlement proceeds he had received after a motorcycle accident. Read More

Attorney’s Fees
LRRA Preempted Alaska’s Statutory Prohibition on Reimbursement of Fees and Costs Incurred by Insurer Defending Non-Covered Claim, Ninth Circuit Decides
The U.S. Court of Appeals for the Ninth Circuit, reversing a decision by the U.S. District Court for the District of Alaska, has ruled that the federal Liability Risk Retention Act of 1986 preempts an Alaska law prohibiting reimbursement of attorneys’ fees and costs incurred by an insurer defending a non-covered claim. Read More

Kentucky Law Did Not Require Formal Notice of Policy Change Unless Policy Was Ambiguous, District Court Declares
A federal district court in Kentucky has ruled that Kentucky law did not require formal notification of an insurance policy change unless the insurance contract was ambiguous. Read More

View All Case Law Developments

Federal Actions

Democratic Congressmen Seek Delay of Enrollment Deadline Due to “Drastic Insurance Premium Hikes” for Some Federal Employees
Three Democratic congressmen are seeking justification for what they characterized as “outrageous premium increases” and “lack of adequate communication” in the Federal Long Term Care Insurance Program and have urged the Office of Personnel Management to extend the September 30 enrollment deadline. Read More

Insurance Fraud
N.Y. Body Shop Owner Pleads Guilty to Insurance Fraud and Tax Fraud 
Aniello Strocchia, the owner of BM Auto Collision, Inc., headquartered in Maspeth, New York, has pleaded guilty to defrauding insurance companies and failing to pay sales tax to the state. Read More

View All Legislative/Regulatory Developments
Securian Introduces Life Insurance Policy With Built-In Living Benefits for Chronic and Terminal Illness Read More

Nearly One Third of Americans Comparison Shop for Healthcare, but Few Have Full Understanding of Basic Insurance Concepts, UnitedHealthcare Survey Shows 
Read More

Kemper Enhances Its Life Insurance Claims Procedures  
Read More

Bankers Life Launches Hospital Indemnity Insurance Plan  
Read More

Insurance Providers Focus on Customer Experience as Rates Remain Relatively Stable, J.D. Power Study Finds  
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, Cope Ehlers, 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

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

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