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TODAY'S TOP DEVELOPMENTS Tuesday, February 10, 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.


Eye on the Experts
Clarifying Bad Faith Jurisprudence in Virginia, Federal Court Recognizes Bad-Faith Claim Against First-Party Insurer
This Eye on the Experts article discusses a recent federal district court decision denying an insurer’s motion to dismiss a bad-faith claim arising out of the insurer’s denial of its policyholder’s claim for property damage and loss of business income following the theft of rooftop air conditioning units from the policyholder’s hotel. The ruling is significant because it illustrates that Virginia law supports first-party bad-faith claims against insurers. Read More

Superstorm Sandy

District Court Upholds Magistrate Judge’s Findings and Imposition of Monetary and Evidentiary Sanctions on Insurer and Its Counsel
The U.S. District Court for the Eastern District of New York has affirmed “in its entirety” an order issued by a magistrate judge in the Superstorm Sandy cases imposing evidentiary sanctions on the Wright National Flood Insurance Company and monetary sanctions on its counsel for failing to obey discovery orders and causing undue delay to the proceedings. Read More

Homeowners Insurance
Homeowner’s Policy Does Not Cover Rental of Separate Structure, Appeals Court Says in Decision that May Have Implications for the Sharing Economy
An appellate court in Louisiana, affirming a trial court’s decision, has ruled that a homeowner’s insurance policy did not cover a personal injury claim arising from the homeowner’s rental of a separate structure near her insured home. The decision would appear to have implications for the sharing economy, such as Airbnb. Read More

Commercial General Liability
“Ordinance or Law Coverage” Endorsement Did Not Obligate Insurer to Completely Replace Insured’s Damaged Piping to Comply with Health Department Directive
A federal district court in California has ruled that an “Ordinance or Law Coverage” endorsement to a commercial general liability insurance policy did not cover the obligation of the insured to completely replace piping that had been damaged in one spot in order to comply with a health department’s directive. Read More

View All Case Law Developments

Insurance Fraud

New York Awards Nearly $4 Million in Effort to Combat Insurance Fraud and Motor Vehicle Theft
New York State has awarded more than $3.7 million in grants to local authorities to fight against insurance fraud and motor vehicle theft. Read More


Flawed FEMA Insurance Reviews in Florida Could Leave Taxpayers on the Hook for Millions in Losses, Federal Report Finds
Deficient insurance review processes used by the Federal Emergency Management Agency resulted in the agency overfunding its 2004-2005 Florida hurricane grants by more than $177 million and left the government liable for an estimated $1 billion in future disaster costs, according to a report by the Department of Homeland Security, Office of Inspector General. Read More

View All Legislative/Regulatory Developments
USAA to Offer Insurance for Ridesharing Drivers in Colorado Read More

XL Group to Acquire Catlin Group in $4.1 Billion Deal 
Read More

Insurance Counsel Alan R. Lyons Elected Partner at Herrick, Feinstein 
Read More

Akin Gump Promotes Insurance Coverage Litigator Ashley Vinson to Partner 
Read More

Insurance Attorneys Michael Conlon and Todd M. Rowe Elected Partner at Tressler Read More

View All Industry News
Property Damage Caused by Rain


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

View Entire January / February 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
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
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

FC&S Legal: The Insurance Coverage Law Information Center

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