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TODAY'S TOP DEVELOPMENTS Wednesday, February 11, 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.


Attorney's Fees
Insurer Must Pay Attorneys' Fees Payable by Insured in Underlying Litigation under Offer of Judgment Law Even Though Insurer Was Not a Party to that Suit, Florida Appeals Court Holds
An appellate court in Florida, affirming a trial court's decision, has ruled that an insurer was liable for attorneys' fees assessed against its insured in an underlying litigation under an offer of judgment law even though the insurer was not a party to that litigation and had not been served with the settlement proposal. Read More


Undefined Term "Vandalism" in Exclusion in All-Risks Policy Included "Arson," Florida Appeals Court Rules
A Florida appellate court, affirming a trial court's decision in favor of an insurance company, has ruled that the undefined term "vandalism" in an exclusion in an all-risks policy included the term "arson." Read More

Insurer's Handling of Claims Before They Settled Was "Relevant" for Discovery Purposes to Insured's Bad Faith Action, Federal Court Rules
In a bad faith action, a federal district court in Washington has denied an insurance carrier's request for a protective order to preclude the insured from seeking testimony or conducting discovery into claims that had settled, finding that the insurer's handling of those claims prior to settlement was "relevant" to the insured's bad faith action. Read More

Superstorm Sandy
Superstorm Sandy Court Cites "Equitable Tolling" in Refusing to Dismiss Homeowner's Suit on Limitations Grounds
The U.S. District Court for the District of New Jersey has denied an insurance company's motion to dismiss a complaint in a Superstorm Sandy case, applying "equitable tolling" to toll the running of the policy's one-year limitations period. Read More

View All Case Law Developments


New York Regulator Announces New, Targeted Cyber Security Assessments for Insurance Companies
The New York State Department of Financial Services has released a report on cyber security in the insurance industry and a series of measures that it said that it will take to help strengthen cyber hacking defenses at insurers. Read More

Automobile Insurance

Senate Report Highlights Automobile Security and Privacy Vulnerabilities
New standards are needed to plug security and privacy gaps in cars and trucks, according to a report released by U.S. Senator Edward J. Markey. Read More

View All Legislative/Regulatory Developments
Berkshire Hathaway Specialty Insurance Expands U.S. Property Capabilities, Appoints Paul J. Kelley as Head of Energy and Technical Property Read More

Selective Insurance Group Names New Officers 
Read More

PartnerRe Appoints Greg Haft as Head of Catastrophe 
Read More

Insurance Coverage Litigator Robert K. Scott Joins Newmeyer & Dillion 
Read More

MAPFRE Insurance Expands in New England through Agreement with MiddleOak Insurance Read More

View All Industry News
Forms Analysis
Jewelry and Furs Form


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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