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TODAY'S TOP DEVELOPMENTS Tuesday, February 18, 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.


Superstorm Sandy
Over 800 Superstorm Sandy Coverage Cases Are Pending in the Eastern District of New York
The U.S. District Court for the Eastern District of New York, which sits in Brooklyn, New York, and on Long Island, has over 800 insurance coverage-related cases pending that stem from Superstorm Sandy, which hit the area at the end of October 2012. Read More

Automobile Insurance

West Virginia Supreme: Termination of Divorced Man's Coverage under Former Wife's Policy Was Void Where Insurer Failed to Advise Him of His Right to Request His Own Policy
The Supreme Court of Appeals of West Virginia, affirming a lower court's decision, has ruled that an insurance carrier's purported termination of a divorced man's coverage under his former wife's policy was void where the insurer had failed to advise him of his right to request his own policy. Read More

Fire Insurance
New York's Top Court Holds that Replacement Property Policy's Two Year Limitations Period was Unenforceable Where Property Could Not Be Replaced within that Time
New York's highest court, the New York Court of Appeals, has ruled that a clause in a fire insurance policy limiting the time in which the insured could bring suit under the policy to two years was "unreasonable and unenforceable" in the circumstances of the case. The court answered a question from the U.S. Court of Appeals for the Second Circuit. Read More

Commercial Auto
Food Bank Volunteer Who Alleged that He Was Hit by Another Volunteer's Car Finds No Coverage Under Food Bank's Policy
An Indiana appellate court, affirming a trial court's decision, has ruled that a volunteer at a food bank who alleged that he was injured by another volunteer's car while loading food into a truck at the food bank was not entitled to medical payments or underinsured motorist coverage under the food bank's policy. Read More

View All Case Law Developments

Health Insurance

Enrollment in the Health Insurance Marketplace Increased by 53 Percent in January, HHS Reports
Enrollment in the Health Insurance Marketplace grew 53 percent in January in overall enrollment over the prior three month reporting period. Moreover, young adult enrollment outpaced all other age groups combined, U.S. Department of Health and Human Services Secretary Kathleen Sebelius has announced. Read More

Health Insurance

Mississippi House, in 120-0 Vote, Passes Bill Mandating Autism Coverage
The Mississippi House of Representatives, in a 120-0 vote, has passed H.B. No. 542, which would require health insurance policies to provide coverage for the "screening, diagnosis, and treatment of autism spectrum disorder." Read More

View All Legislative/Regulatory Developments
Insurance and Reinsurance Lawyer Steve Schwartz Joins Chaffetz Lindsey as a Partner  Read More

Insurance Coverage Attorney Daniel J. Healy Named a Partner in Anderson Kill's Washington, DC, Office  
Read More

Cigna Launches Private Health Care Service Exchange  
Read More

Kemper Realigning Its Property and Casualty Group & Rudloff  
Read More

MetLife Study Finds Lost Income from Major Accidents and Critical Illness Averaged $26,900 and $50,600, Respectively  
Read More

View All Industry News

Q & A
Pollution Exclusion Applicability


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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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