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TODAY'S TOP DEVELOPMENTS Tuesday, November 10, 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.


Employee Benefits
Notwithstanding Written Contract, N.Y. Court Finds that Long-Haul Truck Drivers Were Employees and Not Independent Contractors
A New York court has upheld a decision of the state’s Unemployment Insurance Appeal Board and ruled that long-haul tractor-trailer truck drivers were employees and not independent contractors, notwithstanding an agreement to the contrary between the drivers and the trucking company. Read More

Employee Exclusion Precludes Coverage of Employee’s Claim Against Employer for Injuries Allegedly Sustained at Construction Site
The U.S. District Court for the Eastern District of New York has ruled that an employee exclusion in an insurance policy issued to a construction company precluded coverage for an employee’s claims against the insured allegedly arising out of an accident at a construction site. Read More

Employee Exclusion Bars Coverage of Garbage Truck Driver’s Tort Suit
A federal district court in Texas has ruled that an employee exclusion in a commercial automobile insurance policy issued to a trash company precluded coverage of a tort lawsuit filed by a garbage truck driver against the company for injuries he allegedly suffered on the job, whether he was an employee or independent contractor. Read More

Business Income
Arkansas Jury Awards Lion Oil $72 Million in Insurance Coverage Dispute
Following a six day trial, a federal jury in the U.S. District Court for the Western District of Arkansas has awarded Lion Oil Company $72 million for lost income and expenses stemming from a 2012 breach of a pipeline carrying oil from Louisiana production fields to a Lion refinery in Arkansas. Read More

View All Case Law Developments

In the States

Florida Approves Removal of Up to 130,534 Policies from Citizens Property for First Take-Out of 2016
The Florida Office of Insurance Regulation has approved the removal of up to 127,266 personal residential policies and 3,268 commercial residential/non-residential polices from Citizens Property Insurance Corporation. Read More

Insurance Fraud
California Healthcare Company CEO Charged with Insurance Fraud
Peter Lira, the chief executive officer of Am-Pro Prosthetics & Orthotics in Whittier, California, has been arrested on three felony counts of insurance fraud for allegedly billing Anthem Blue Cross for a $170,000 prosthetic arm after Mr. Lira was notified the patient had died. Read More

View All Legislative/Regulatory Developments
Paul Fallisi and Susan Bowman Launch Reinsurance Direct to Offer Medical Stop Loss Insurance Directly to Employers Read More

ACE Appoints Cara Brown as Political Violence and Terrorism Underwriter 
Read More

Insurance Recovery Lawyer Richard DeNatale Joins Jones Day in San Francisco 
Read More

FC&S Legal Publishes “Better Late Than Never: The California Supreme Court Reverses Itself, Holding That Corporate Policyholders May Assign Insurance Rights Without Insurer Consent” 
Read More

Dan Bolgar Named Head of Health at PartnerRe Following Retirement of Dennis Heinzig 
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
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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