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TODAY'S TOP DEVELOPMENTS Tuesday, February 3, 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.


Bad Faith
Divided Appellate Court Finds that Insurer Did Not Waive Attorney-Client Privilege by Communicating with Counsel and Settling Underlying Action
A divided appellate court in Arizona, reversing a trial court's decision, has ruled that an insurer did not waive the attorney-client privilege by contending that it had decided to settle an underlying action in good faith based on its subjective beliefs concerning the merits of the available courses of action even where the insurer had communicated with its counsel during the process of making that decision – and even if counsel had participated in the settlement negotiations. Read More

Commercial Property

Court Sanctions Insured – and Its Counsel – for Filing Complaint that "Lacked Factual Basis" in Superstorm Sandy Case
A federal district court in New Jersey, after previously dismissing a lawsuit seeking insurance payments for alleged wind and water damage to property caused by Superstorm Sandy, has imposed sanctions on the plaintiff – Lighthouse Point Marina & Yacht Club, LLC – and its counsel for filing what the court characterized as a "complaint that lacked factual basis." Read More

Professional Liability Insurance
Although "Dishonest Acts Exclusion" Did Not Bar Coverage for Bear Stearns' Settlements with SEC and NYSE, Insurers May Argue that Public Policy Did, Appeals Court Rules
An intermediate appellate court in New York has ruled that a "Dishonest Acts Exclusion" did not bar coverage of amounts paid by Bear Stearns to settle with the Securities and Exchange Commission and the New York Stock Exchange – but that Bear Stearns' professional liability and excess insurance carriers could proceed with their contention that public policy did bar coverage. Read More

Homeowners Insurance
Sixth Circuit Finds Criminal Act Exclusion Ambiguous under Kentucky Law for Acts Not "Quintessentially Criminal"
The U.S. Court of Appeals for the Sixth Circuit, reversing a district court's decision, has ruled that a criminal act exclusion in a homeowner's insurance policy was ambiguous in a case involving the insureds' possession of fireworks in violation of applicable Kentucky law because that was not a "quintessentially criminal" act. Read More

View All Case Law Developments


Legislation Proposed to Limit FEMA Clawbacks in Superstorm Sandy Cases
U.S. Senator Bob Menendez (D-N.J.) and Congressman Frank Pallone (D.-N.J.) have proposed legislation that would limit the ability of the Federal Emergency Management Administration to recoup federal disaster assistance overpayments made to homeowners who filed Superstorm Sandy claims. Read More

Health Insurance

Health Insurer Settles with New York Over Allegedly Excessive Copays
Excellus Health Plan, Inc., has reached a settlement with New York State requiring that its contracted health care providers issue refunds to thousands of members in New York State for allegedly charging excessive copays. Read More

View All Legislative/Regulatory Developments
Farmers Insurance Launches Rideshare Coverage in Colorado Read More

Parent Company of Life Settlement Provider Files for Bankruptcy in Wake of $46 Million SEC Judgment 
Read More

Insurance-Linked Securities Market Set to Reach New Heights in 2015, Report Finds 
Read More

Insurance Coverage Litigator Scott J. Kaplan Joins Marten Law as a Partner 
Read More

Insurance Litigator Brian Huelsmann Joins Wilson Elser to Head New Office Read More

View All Industry News
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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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