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TODAY'S TOP DEVELOPMENTS Friday, December 4, 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.


5th Circuit Upholds Insured’s $50 Million Breach of Contract Award in Deepwater Horizon Dispute; Asks Texas Supreme Court to Decide Bad Faith Issue
The U.S. Court of Appeals for the Fifth Circuit has affirmed a $50 million award in favor of an insured against an insurance company in a coverage dispute stemming from the Deepwater Horizon oil spill. It also ordered the district court to award attorneys’ fees to the insurer and it asked the Texas Supreme Court to decide a bad faith issue under Texas law that may entitle the insured in this case to recover treble damages. Read More

Homeowners Insurance
Delaware Supreme: Workers’ Comp Exclusions in Homeowners’ Policy Are Enforceable
The Delaware Supreme Court, affirming a trial court’s decision, has ruled that workers’ compensation exclusions found in a homeowners’ insurance policy were enforceable. Read More

Intentional Acts Exclusion Did Not Preclude Coverage Where It Depended on Insured’s Knowledge of “Obscure Federal Law,” Kansas District Court Rules
The U.S. District Court for the District of Kansas has denied an insurance company’s motion to dismiss a breach of contract action, ruling that the policy’s intentional acts exclusion did not preclude coverage of a lawsuit brought against the insured where the insured was unaware of an “obscure federal law” that formed the basis of the insurer’s “intentional acts” argument. Read More

Homeowners Insurance
Multi-Dog, Multi-Victim Attack Was a Single Occurrence, New York District Court Rules in Case of First Impression
In a case of first impression in the U.S. Court of Appeals for the Second Circuit, the U.S. District Court for the Southern District of New York has ruled that a multi-dog attack on multiple victims constituted a single occurrence for purposes of the dog owners’ homeowners’ insurance policy. Read More

View All Case Law Developments

Insurance Fraud

Doctors Are Among Group Charged in “Operation Spinal Cap”
The former chief financial officer of a hospital in Long Beach, California, two orthopedic surgeons, and two others have been charged by prosecutors in multiple alleged long-running health care fraud schemes that illegally referred thousands of patients for spinal surgeries and generated nearly $600 million in fraudulent billings over an eight-year period. Read More

Insurance Fraud
Business Bilked NY State Insurance Plan for More than $1.6 Million by Selling Earbuds and Charging for Hearing Aids, Prosecutors Assert
Joshua Miller, the owner of a business in Syracuse, New York, has been charged with operating a criminal scheme that stole more than $1.6 million by selling public employees hi-fidelity custom fit earbuds and sound suppression ear plugs while billing the New York state insurance plan as if they were medically necessary hearing aids worth three to 10 times as much. Read More

View All Legislative/Regulatory Developments
Gibbons Attorney William J. Castner, Jr., to Join Horizon Blue Cross Blue Shield of New Jersey Read More

Long-Held Beliefs About Arson Science Have Been Debunked After Decades of Misuse - ABA Journal 
Read More

FC&S Legal Publishes “How to Read a Policy: A Short Lesson from a Federal Court” in Its Flagship Publication, the Insurance Coverage Law Report 
Read More

8.4 Million U.K. Motor Insurance Policies at Risk of Application Fraud, LexisNexis Risk Solutions Study Shows 
Read More

GEICO Names Nancy Pierce Senior Vice President 
Read More

View All Industry News
Longshore and Harbor Workers Compensation Act Preemption Dispute


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

View Entire November/December 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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