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TODAY'S TOP DEVELOPMENTS Tuesday, December 16, 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.


Homeowners Insurance
Seventh Circuit Again Refuses to Limit Continuous Trigger to Third-Party Coverage Cases and to Universally Apply Manifestation Trigger to First-Party Coverage Cases
For the second time since 2012, the U.S. Court of Appeals for the Seventh Circuit, applying Wisconsin law, has refused to limit the continuous trigger to third-party coverage cases and to universally apply the manifestation trigger to first-party coverage cases. Read More

Crime and Employee Dishonesty

Insurer May Void Policy Where Embezzling Treasurer Failed to Disclose His Own Actions to Insurer
A federal district court in Virginia has ruled that an insurance company could void a commercial crime insurance policy where the insured's treasurer had completed a renewal survey without revealing that he was embezzling from the insured Read More

Workers Compensation
New York's Highest Court Upholds Workers Comp Board's "Medical Treatment Guidelines"
New York's highest court, the New York Court of Appeals, has ruled, 4-3, that the state's Workers Compensation Board did not exceed its statutory authority when it promulgated portions of its "Medical Treatment Guidelines." Read More

Health Insurance
Appeals Court Upholds Decertification of Class Challenging Hospital Charges to Uninsured Patients
An appellate court in California has affirmed a trial court's decision decertifying a class of about 120,000 uninsured patients who alleged that they had been charged more than insured or Medicare-covered patients, finding that the class was "not reasonably ascertainable" and that the class "lacked predominantly common issues." Read More

View All Case Law Developments

Employee Benefits

PBGC Annual Report Shows Severe Deterioration in Multiemployer Program
The Pension Benefit Guaranty Corporation's annual report showed that the PBGC's deficit increased to about $62 billion in fiscal year 2014, largely due to the declining condition of a few multiemployer plans. Read More


Insurance Regulators Establish Cybersecurity Task Force
The National Association of Insurance Commissioners has formed a special task force to help coordinate insurance issues related to cybersecurity. Read More

View All Legislative/Regulatory Developments
LegalShield Founder Harland Stonecipher, 76, Is Dead Read More

Former General Counsel of the Florida Office of Insurance Regulation Joins GrayRobinson to Create New Insurance Regulation Practice 
Read More

Frank Kaplan and Ken Meyers Join Blank Rome from Bingham 
Read More

Stephen Catlin, Jozef De Mey, Donald Kramer, and Patrick Thiele Nominated for 2015 Insurance Hall of Fame 
Read More

Aviva and Friends Life Group May Merge to Create Giant U.K. Insurance, Savings, and Asset Management Company Read More

View All Industry News
Drones on a Farm Policy


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

View Entire December Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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

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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