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TODAY'S TOP DEVELOPMENTS Tuesday, November 17, 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.


Workers Compensation
Insurer's Conduct in Handling Workers Comp Claim Exacerbated Non-Work-Related Injury and Was Not Subject to Pennsylvania's Workers Comp Law, Appeals Court Rules
An appellate court in Pennsylvania, reversing a trial court's decision, has ruled that a plaintiff's claim of emotional distress allegedly suffered as a result of threats of disclosure of childhood sexual abuse made by a workers' compensation insurer was not an "injury arising in the course of employment" and, therefore, did not limit the plaintiff's remedies to those provided under the Pennsylvania Workers Compensation Act. Read More

Life Insurance
4 STOLI Policies Voided by Connecticut Court for "Material Misrepresentations"
A trial court in Connecticut has ordered four life insurance policies rescinded for material misrepresentations in the applications. Read More

Life Insurance
Relying on Equity, Court Orders Life Insurance Policy's Proceeds Paid to Ex-Wife Where Decedent Had Not Complied with Divorce Settlement
The U.S. District Court for the Southern District of New York has rejected a claim to life insurance proceeds by the decedent's girlfriend and, relying on equity, has ordered the proceeds distributed to the decedent's ex-wife and daughters after finding that he had violated the terms of a marital settlement agreement by failing to maintain adequate insurance for them. Read More

Life Insurance
Arizona Law Does Not Permit Constructive Trust on Life Insurance Proceeds Even If Insured Had Acquired the Policies through Racketeering Activity, Appeals Court Holds
An appellate court in Arizona, affirming a trial court's decision, has ruled that investors may not obtain a constructive trust on life insurance proceeds paid to "innocent" beneficiaries even if the insured had acquired the policies with funds wrongfully obtained from the investors through a pattern of unlawful activity under Arizona's racketeering law. Read More

View All Case Law Developments


Bipartisan Policy Center Releases Global Insurance Regulatory Report
The Bipartisan Policy Center's insurance task force has released a new report that examines key global insurance regulatory issues and their implications for U.S. policy. Read More

Insurance Fraud
Insurance Brokers Arraigned on Embezzlement Charges in California
Christopher Ramos, of Santa Rosa, California, and Jay Trisko, of Rohnert Park, California, have surrendered to outstanding arrest warrants that charged them with Theft of Insurance Premiums by a Fiduciary, Grand Theft, Conspiracy to Commit Fraud, and Forgery. Read More

View All Legislative/Regulatory Developments
Everest Insurance Expands Into Inland Marine  Read More

Hudson Insurance Group Appoints Ronald Honken as Senior Vice President of Commercial Auto  
Read More

Pan-American Life Insurance Group Names Patrick Fraizer Executive Vice President  
Read More

RLI Adds Jewelry Insurance to Its Portfolio of Products  
Read More

FC&S Legal Publishes "Judges — Not Juries — Award Attorney's Fees in Virginia Bad Faith Cases"  
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

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