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TODAY'S TOP DEVELOPMENTS Tuesday, February 24, 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.


Automobile Insurance
N.J. Supreme: Insurer May Rely on Earlier Unpublished Decision to Show that It Had Not Acted in Bad Faith
The New Jersey Supreme Court has ruled that an insurance carrier could rely on an unpublished decision to show that it had not acted in bad faith and had "fair reason to believe" that it had been making a legitimate legal and business decision when it rejected an arbitration award in favor of its insured and instead sought a trial. Read More

Automobile Insurance

Florida Supreme: Father's UM Waiver Did Not Bind Daughter When Policy Was Transferred to Her
The Florida Supreme Court has ruled that removing the sole named insured from an auto insurance policy and listing a separate individual as the named insured on that policy for the first time created a new policy for purposes of Florida law and that, as a result, the insurance company had to (i) advise the new policyholder of the right to purchase uninsured motorist benefits equal to the policy's liability limits, and (ii) obtain a written waiver of those benefits before reducing them as it was permitted to do by Florida law. Read More

Directors & Officers
Colorado Supreme: "Notice-Prejudice" Rule Did Not Apply to Date-Certain Notice Requirement in Claims-Made Insurance Policy
The Colorado Supreme Court, answering questions certified to it by the U.S. Court of Appeals for the Tenth Circuit, has held that the "notice-prejudice" rule does not apply to a date-certain notice requirement in a claims-made insurance policy. Read More

Homeowners Insurance
N.Y. Top Court: "Ensuing Loss" Provision Did Not Nullify Policy's "Water Loss" Exclusion or Render It Ambiguous
The New York Court of Appeals, New York's highest court, has reversed an intermediate appellate court's decision in a case involving water damage to an insured home, holding that the "ensuing loss" provision in the homeowners' insurance policy did not nullify the "water loss" exclusion or render it ambiguous. Read More

View All Case Law Developments

Superstorm Sandy

"Deeply Troubled" FEMA Promises ""Process" to Resolve All Superstorm Sandy Claims Involving "Evidence of Questionable Engineering Practices"
In a letter to the U.S. magistrate judges in the Eastern District of New York overseeing the Superstorm Sandy cases, Brad J. Kieserman, the newly-appointed Deputy Associate Administrator for Federal Insurance at the Federal Emergency Management Agency, promised to establish a process to resolve all Superstorm Sandy insurance claims "where there is evidence of questionable engineering practices." Read More

Superstorm Sandy

New Jersey Senators Request Investigation into "Gamesmanship" of Superstorm Sandy Insurance Claims
U.S. Senators Bob Menendez and Cory Booker, Democrats from New Jersey, have sent a letter to Acting New Jersey Attorney General John Jay Hoffman calling on his office to consider launching a formal investigation into "potential fraud" by "Write Your Own" insurance companies in an effort to reduce payouts to Superstorm Sandy claimants. Read More

View All Legislative/Regulatory Developments
Average Costs for Long Term Care Insurance Rise 8.6 Percent Read More

Willis Names Christine LaSala Chair of Willis North America Read More

Culhane Meadows Expands Insurance-Linked Securities Practice as James W. Maxson Becomes Partner
Read More

Insurance Research Council Report Documents Substantial Growth in Homeowners' Insurance Claim Costs
Read More

New Study Reports on Size of America's Retirement Deficit Read More

View All Industry News
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View Entire January / February Insurance Coverage Law Report
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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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