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TODAY'S TOP DEVELOPMENTS Monday, February 2, 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.


Failure to Show Home Was "Inundated with Water or Mud" Dooms Superstorm Sandy Flood Claim
A New Jersey federal district court, stating that it was "concerned" by the plaintiff homeowner's "failure to respond to" a summary judgment motion and observing that his counsel had "failed to participate in litigating many of the cases they filed," has ruled that the homeowner had not demonstrated that his home had been "inundated with water or mud" by Superstorm Sandy. The court, therefore, has dismissed the homeowner's claim for damages under his standard flood insurance policy. Read More

Automobile Insurance

Nevada Federal Court Dismisses Insurer's Earlier-Filed DJ Action in Favor of Nevada State Court Suit
A federal district court in Nevada has dismissed a declaratory judgment action brought by an insurance company in favor of a later-filed state court lawsuit alleging that the insurer had refused to fulfill its obligations under the policy. Read More

Homeowners Insurance
Homeowners' Alleged Misrepresentation about "Cracking Damage" Was Insufficient to Allow Insurer to Rescind Policy on Summary Judgment, Appeals Court Rules
An appellate court in Florida has ruled that an insurer was not entitled to summary judgment declaring a homeowners' policy void on the ground that the insureds had misrepresented the condition of their home when they submitted their policy applications, finding ambiguity in the policy question to which the homeowners had replied. Read More

Automobile Insurance
Bench Trial Required Testimony, Exhibits, Evidence, and Findings of Fact, Appellate Court Holds in Reversing Trial Judge's Ruling in Favor of Insurer
A New Jersey appellate court has reversed a trial judge's "no coverage" ruling in favor of an insurance carrier, finding that the trial judge failed to conduct a proper bench trial by denying the insured's request to present testimony and evidence and by failing to make findings of fact. Read More

View All Case Law Developments

In the States

California Court Rejects Insurers' Challenge to Proposition 103 Regulations
A California state court has rejected an insurance industry challenge to the California insurance commissioner's regulations under Proposition 103 that limit the amount of advertising costs that insurers may pass on to consumers through insurance premiums. Read More

Insurance Fraud

Ex-Kansas Insurance Agent Sentenced to 42 Months in Federal Prison for Stealing from Clients
Jason Matthew Pennington, a former insurance agent in Wichita, Kansas, has been sentenced to 42 months in federal prison for stealing from his clients. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Are Courts Eroding the Attorney Client/Work-Product Privilege?" in Its Flagship Publication, the Insurance Coverage Law Report Read More

Berkshire Hathaway Specialty Insurance Establishes Canadian Operations, Names Heads of Major Product Lines 
Read More

More Auto Crashes Occur on Super Bowl Sunday than Other Sundays, Report Shows 
Read More

Enstar Group Acquires Companion Property and Casualty for $218 Million 
Read More

Cigna to Acquire New Jersey-Based QualCare Alliance Networks Read More

View All Industry News
Blasting and Earth Movement


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

View Entire January / February 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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill, 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

FC&S Legal: The Insurance Coverage Law Information Center

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