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TODAY'S TOP DEVELOPMENTS Tuesday, February 2, 2016

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.


Superstorm Sandy
N.Y. Federal Court Grants New Trial in Superstorm Sandy Case to Permit Broker to Argue that Insured Had Ratified Change to Coverage Sublimit
The U.S. District Court for the Southern District of New York has granted an insurance broker's motion for a new trial in a Superstorm Sandy case on the insured's negligence claim — based on a reduction of the Coverage Sublimit in its policy from $30 million to $10 million — and the broker's ratification defense. Read More

Superstorm Sandy
Third Circuit Dismisses Broker's Appeal in Superstorm Sandy Coverage Case for Lack of Standing
The U.S. Court of Appeals for the Third Circuit, in a Superstorm Sandy coverage case brought by an insured condominium association, has dismissed an insurance broker's appeal of a district court's decision dismissing claims against the broker and the insurance company, finding that the broker did not have standing to try to reinstate the insured's claims against its insurer. Read More

Life Insurance
Absence of Standing Dooms Insurance Coverage Claim
The U.S. District Court for the District of Oklahoma has dismissed a lawsuit against an insurance company brought by the insured's son, finding that he did not have standing to bring the action in his individual capacity where he was neither a party to the life insurance policy nor the beneficiary under the policy. Read More

Excess v. Prime
N.H. Supreme: Excess Insurer's Duty to Defend Is Triggered Only When Primary's Insurer's Coverage Is Exhausted
The New Hampshire Supreme Court, in response to questions certified to it by the U.S. Court of Appeals for the First Circuit, has ruled that, under New Hampshire law, an excess insurer's duty to defend was triggered only when the primary's insurer's coverage was exhausted.  Read More

View All Case Law Developments

Workers Compensation

Medical Professionals Charged in Alleged Multi-Million Dollar Workers' Compensation Health Insurance Fraud
The California Insurance Department has charged 13 additional individuals, including seven Southern California-based medical professionals, in what it characterized in a statement as "one of the largest cases of workers' compensation health care insurance fraud in department history."  Read More

In the States
Connecticut Regulators Approve Narragansett Bay to Write Property and Casualty Insurance
The Connecticut Department of Insurance has approved the application of Narragansett Bay Insurance Company to write property and casualty insurance in Connecticut. Read More

View All Legislative/Regulatory Developments
Berkshire Hathaway Specialty Insurance Introduces Life Agent & Broker Dealer Professional Liability; Appoints Atea Martin Head of Claims  Read More

Arch Reinsurance Names Jerome Halgan New CEO  
Read More

Liberty Mutual Provides Infrared Cameras to Commercial Insurance Field Adjusters  
Read More

American Bar Endowment Offers ABA Members Free 2016 Insurance Check-Up eBook  
Read More

FC&S Legal Publishes "2015 Excess and Surplus Lines Laws: Maine"  
Read More

View All Industry News
Disclaimer of Coverage Delay


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

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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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