Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, February 25, 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.


Superstorm Sandy
Insurance Broker Defeats Breach of Contract, Negligence, and New York Consumer Protection Law Claims in Superstorm Sandy Case
A federal district court in New York has granted an insurance broker's motion to dismiss breach of contract, negligence, and consumer protection law claims by a commercial property owner that alleged that its property had been damaged by Superstorm Sandy. Read More

Employee Benefits

New York Insurance Agent Found Entitled to Unemployment Insurance Benefits as Agency's "Employee"
A New York court has upheld a decision by the New York Unemployment Insurance Appeal Board that an insurance agent was entitled to unemployment insurance benefits as an employee of an insurance agency, and that the parties' agreement did not fall within the statutory exception classifying insurance agents as independent contractors. Read More

Automobile Insurance
N.J. Supreme: Barring Bad Faith Claims on Basis of "Entire Controversy" Doctrine Was "Inappropriate" in Uninsured Motorist Context
The New Jersey Supreme Court has ruled that barring bad faith claims against insurance companies on the basis of the "entire controversy" doctrine was "inappropriate" in the uninsured motorist ("UM") context. Nevertheless, the court affirmed a lower court's decision barring an insured's bad faith claim in this case, albeit on res judicata grounds. Read More

Eye on the Experts
Eighth Circuit Applies Compulsory Insurance Doctrine to Save Northwest: What Will Save You?
This Eye on the Experts article discusses a recent U.S. Court of Appeals for the Eighth Circuit decision holding that the somewhat obscure "compulsory insurance doctrine" permitted Northwest Airlines to recover insurance proceeds directly from its maintenance contract provider's insurer notwithstanding the fact that the service provider itself might be denied coverage for failure to provide notice. Read More

View All Case Law Developments

In the States

Now, California Insurance Commissioner Bars "Price Optimization" by Insurers
California Insurance Commissioner Dave Jones has issued a notice to all property and casualty insurers doing business in California advising them that so-called "price optimization" in ratemaking was unfairly discriminatory and violated California law. Read More

Insurance Fraud

Investment Executive Pleads Guilty in Manhattan Federal Court to Participating in $30 Million Insurance Fraud
Allen Reichman, a former executive director of investments at a New York investment firm, has pleaded guilty in Manhattan federal court to participating in a massive scheme to defraud his employer and insurance regulators in connection with the fraudulent purchase of an Oklahoma insurance company. Read More

View All Legislative/Regulatory Developments
Thomas F. Segalla Joins Editorial Advisory Board of FC&S Legal Read More

Kimberly-Clark Signs Agreements to Purchase Pension Annuity Contracts Read More

Ullico Announces $25 Million Fiduciary Liability Insurance Limits
Read More

fTLD Registry to Operate ".insurance" Generic Top-Level Domain
Read More

Esurance Expands into Canada Read More

View All Industry News
Costs and Fees as Property Damage


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

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2015 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018