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TODAY'S TOP DEVELOPMENTS Friday, February 7, 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.


Trial Strategy
Targeting Insurance Proceeds After a Putative Tortfeasor Enters Bankruptcy
When a putative tortfeasor enters bankruptcy, a plaintiff's ability to recover damages is at risk – but it has not necessarily disappeared. If the putative tortfeasor is insured, the plaintiff has an avenue to seek to recover its losses. In these circumstances, however, the plaintiff must carefully traverse the rules of the federal Bankruptcy Code – and applicable insurance law. A recent decision by the U.S. Court of Appeals for the Sixth Circuit highlights some of the difficulties, while offering some valuable strategic advice. Read More

Homeowners Insurance

Rage, Rage Against the Dying of the Light. But Road Rage: No Coverage
A Washington appeals court, affirming a trial court's decision, has decided that a case alleging road rage did not allege an "accident" as required for coverage under either a homeowner's insurance policy or an auto insurance policy. Read More

Federal Actions
In AIG Bailout Suit against New York Fed, Second Circuit Holds that State Fiduciary Duty Law Is Preempted By Federal Common Law
Citing the "extraordinary measures" taken by the Federal Reserve Bank of New York to rescue American International Group, Inc., from bankruptcy at "the height of the direst financial crisis in modern times," the U.S. Court of Appeals for the Second Circuit has affirmed a district court's decision dismissing a claim by AIG's former majority shareholder for breach of Delaware fiduciary duty law against the New York Fed. Read More

Eye on the Experts
Bad Faith Compendium: District of Columbia
Insurance bad faith law is like a quilt, a patchwork that varies from square to square – in this instance, common law decisions, statutes and codes that differ widely from state to state. Insurer conduct that is benign in one jurisdiction may rise to the level of bad faith conduct in another. In this compendium, the authors review more than a dozen states where bad faith issues most often arise and provide a synopsis of pre-litigation claims-handling standards, first- and third-party claim issues, insurance company defenses, procedural and discovery issues, and the scope of damages. In this fourth installment of the compendium, the authors review bad faith law in the District of Columbia. Read More

View All Case Law Developments

Automobile Insurance

Transportation Department Moves Forward with Vehicle-to-Vehicle Communication Technology for Light Vehicles
The U.S. Department of Transportation's National Highway Traffic Safety Administration has announced that it will begin taking steps to enable vehicle-to-vehicle communication technology for light vehicles. Read More

Health Insurance

Virginia Kills Bill Requiring Insurers to Notify Third Parties Before Canceling Long Term Care Policies
A subcommittee in the Virginia House of Delegates has declined to send a bill to the full House that would have required that insurance companies notify a third party before canceling a long term care insurance policy. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Litigator Amy Elizabeth Stewart Elected to American College of Coverage and Extracontractual Counsel  Read More

New York State Bar Honors AXA's Darryl Gibbs for Diversity Efforts  
Read More

FC&S Legal Publishes Pamella A. Hopper's Article, "Texas Supreme Court Hands Big Insurance Win to Construction Industry"  
Read More

Insurance Coverage Litigator Patrick J. Boyle Joins Venable LLP  
Read More

BlackRock Releases Its Annual Insurance Industry Outlook  
Read More

View All Industry News

Fine Art Insurance


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

View Entire February Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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, Tressler 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 [email protected].

FC&S Legal: The Insurance Coverage Law Information Center

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