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TODAY'S TOP DEVELOPMENTS Wednesday, February 18, 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.


Product Liability Coverage
First Circuit Rules that Asbestos Manufacturer’s Bankruptcy Plan Did Not Extend Limitations Period for Claimants to Sue and Recover under Its Insurance Policy – Potentially Leaving Thousands with No Recourse
The U.S. Court of Appeals for the First Circuit, affirming a district court’s decision, has ruled that the Chapter 11 bankruptcy reorganization plan for an asbestos manufacturer did not extend the limitations period for claimants to assert claims against the reorganized debtor and its insurance company – potentially leaving thousands of claimants with no recourse. Read More

Personal Watercraft

Woman Allegedly Injured While Floating on Kayak Tethered to Houseboat Was Not Entitled to Underinsured Boater Benefits, Colorado District Court Decides
The U.S. District Court for the District of Colorado has ruled that a woman who alleged that she had been injured while floating on an inflatable kayak was not entitled to recover underinsured boater benefits from the insurance company that insured the houseboat to which the kayak had been tethered. Read More

Homeowners Insurance
Exclusion Precluded Coverage for Claim Allegedly Arising from Business Operated Out of Insured Homeowner’s Garage, Illinois Appeals Court Affirms
An appellate court in Illinois, affirming a trial court’s decision, has ruled that a business exclusion in a homeowner’s insurance policy precluded coverage for a claim allegedly arising from an auto parts business the insured homeowner operated out of his garage. Read More

Superstorm Sandy
New Jersey District Court Denies Insureds’ Request to Remand in Superstorm Sandy Case
In a Superstorm Sandy case brought against several insurance carriers, a federal district court in New Jersey has denied a request by the plaintiffs, commercial property owners, to remand the case to New Jersey state court, finding that it had “original and exclusive” jurisdiction over their claims under the National Flood Insurance Program and supplemental jurisdiction over the balance of their claims. Read More

View All Case Law Developments

Superstorm Sandy

FEMA Seeks Superstorm Sandy Settlement Meetings as Federal Court Hearing Approaches on Engineering Reports
The Federal Emergency Management Agency has told federal magistrate judges that it is acting to set settlement meetings between insurers and homeowners with Superstorm Sandy claims who allege that engineering reports had been improperly altered. Read More

Health Insurance

Connecticut Bill Would Mandate Insurance Coverage for Purchase of Assistance Dogs
A Connecticut bill would require that individual and group health insurance policies provide coverage for the purchase of an “assistance dog” specially trained to assist blind, deaf, or mobility impaired persons or “persons with a disability that is other than physical, including, but not limited to, anxiety disorders and post-traumatic stress disorder, provided the insured’s treating health care provider certifies in writing that such assistance dog is medically necessary.” Read More

View All Legislative/Regulatory Developments
Coverys Hires Sam Mezzich and Edward Lyons to Lead New Venture Read More

Berkshire Hathaway Specialty Insurance Names Amanda Sorsak to Lead Canadian Property and Energy Claims Operations Read More

Fosun Completes Strategic Equity Investment in Ironshore 
Read More

Metlife Introduces New Variable Annuity Living Benefit Rider 
Read More

Travelers Identifies Most Common Causes of Wedding Insurance Claims Read More

View All Industry News
UM Coverage and Requirements for Waiving That Coverage


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

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