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TODAY'S TOP DEVELOPMENTS Friday November 7, 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
Washington Supreme Finds Blanket Exclusions of Neurodevelopmental Therapies in Health Insurance Policies "Void" and "Unenforceable"
The Washington Supreme Court, interpreting two Washington laws – the neurodevelopmental therapies mandate, RCW 48.44.450, and the mental health parity act, RCW 48.44.341 – has ruled that blanket exclusions of neurodevelopmental therapies in health insurance contracts were "void and unenforceable." Read More

Homeowners Insurance

Florida Appeals Court Recognizes that One Year Limitations Period May Compel Claimants to Sue Insurer Before It Has Completed Processing Their Claims
An appellate court in Florida, upholding dismissal on statute of limitations grounds of a lawsuit filed by homeowners against the Florida Insurance Guaranty Association ("FIGA"), has acknowledged that the one year statute of limitations period "may compel claimants to file lawsuits against FIGA before FIGA has completed the processing of their claims and made satisfactory payments" – and that such lawsuits "may later prove to be unnecessary." Read More

Workers Compensation
Insurer Must Pay Interest on Workers' Comp Death Benefits from Date of Widow's Claim, Arizona Court Rules
An Arizona court has ruled that a workers' compensation insurance company must pay interest on death benefits payable to a widow from the date of her claim, even if it had first rejected her claim in good faith. Read More

Eye on the Experts
Fourth Circuit Confirms Insurer Waived Right to Rescind Policy Based on Pre-Loss Knowledge that Certain Conditions to Coverage Had Not Been Met
This Eye on the Experts article discusses a recent U.S. Court of Appeals for the Fourth Circuit decision that affirmed a jury's finding that an insurer waived its right to rescind coverage where the insurer knew prior to the loss that the policyholder had not met certain policy conditions, yet did nothing to inform the policyholder or to cancel or otherwise change the policy. Read More

View All Case Law Developments

Automobile Insurance

Brooklyn Doctor Found Guilty in Connection with "Massive No-Fault Insurance Fraud Scheme"
A jury has found Tatyana Gabinskaya guilty of various health care fraud and mail fraud offenses following a two week trial before U.S. District Judge J. Paul Oetken in Manhattan. The jury convicted Dr. Gabinskaya of charges arising out of her involvement, from 2007 through February 29, 2012, in what prosecutors said was the largest single no-fault automobile insurance fraud scheme ever charged. Read More

In the States

Tennessee State Lawmakers Receive NAMIC Legislator of Year Award
The National Association of Mutual Insurance Companies has presented its State Legislator of the Year Award to three Tennessee state legislators: Representatives Curtis Johnson and Charles Sargent and Senator Jack Johnson. Read More

View All Legislative/Regulatory Developments
MetaBank to Acquire Assets of Commercial Insurance Premium Finance Company Read More

Heritage Insurance Assumes 2,000 Commercial Residential Policies from Citizens Insurance  
Read More

XL Group Names Chris Dougherty EVP of Underwriting and Ceded Re; Appoints Michael Garceau as CFO 
Read More

Matt Barone Joins Beazley's Fidelity Bond and Crime Team 
Read More

ACE Group Launches Loss Mitigation Services for Privacy and Network Security Risks 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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