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TODAY'S TOP DEVELOPMENTS Monday, March 2, 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
Lawyers, FEMA Agree to Settle 50 Superstorm Sandy Claims, But Judges Are Critical of Proposed "No Testimony" Clause
Lawyers for homeowners with Superstorm Sandy claims who are challenging the validity of engineering reports apparently have reached an agreement with representatives of the Federal Emergency Management Agency to settle approximately 50 claims for the full $250,000 policy limits. Read More

Professional Liability Insurance

Illinois Supreme: "Innocent Insured Doctrine" Did Not Bar Insurer from Completely Rescinding Legal Malpractice Policy for One Partner's Misrepresentation Made Without Other Partner's Knowledge
The Illinois Supreme Court, reversing an appellate court's decision, has ruled that an insurance company could rescind a legal malpractice insurance policy that it had issued to a law firm based on one partner's misrepresentation in a renewal application, rejecting the argument that the "innocent insured doctrine" prohibited rescission as to a law firm partner who did not have knowledge of that misrepresentation. Read More

Commercial General Liability
Texas Court Rejects Insured's Bid for "Advertising Injury" Coverage of Counterclaims in Patent Infringement Suit
A federal district court in Texas has rejected an insured's contentions that its insurance policy's "personal and advertising injury" coverage required its insurer to defend it against counterclaims filed in a patent infringement lawsuit brought by the insured. Read More

Eye on the Expertse
Pursuing Insurance Coverage for Alleged Mislabeling of Dietary and Herbal Supplement Products: A "Holistic" Prescription
This Eye on the Experts article discusses a recent order by the New York Attorney General, which requires four major retailers to stop their sale and alleged mislabeling of certain herbal supplements. The authors suggest that impacted businesses throughout the supply chain carefully scrutinize their commercial general liability, directors and officers liability, product recall, and errors and omissions liability insurance policies to determine the availability of, and take all steps necessary to preserve, potential coverage. Read More

View All Case Law Developments

Automobile Insurance

Bipartisan "PARTS" Act in Congress Would Affect Car Repair Costs
In U.S. Senators Orrin Hatch (R-Utah), a member and former chairman of the Senate Judiciary Committee, along with fellow Senate Judiciary Committee member Sheldon Whitehouse (D-RI) and House Judiciary Committee members Darrell Issa (R-CA) and Zoe Lofgren (D-CA), have introduced the Promoting Automotive Repair, Trade and Sales Act of 2015, a bipartisan, bicameral bill, that, the sponsors said in a statement, "would expand consumer choice for automobile collision repair parts, cut costs paid by insurers and drivers, and ensure competition in the automobile repair parts market." Read More

Federal Actions

MetLife Subsidiary to Pay $123.5 Million to Resolve Alleged Federal Housing Administration Mortgage Lending Violations
MetLife Home Loans LLC has agreed to pay the United States $123.5 million to resolve allegations that MetLife Bank N.A. violated the federal False Claims Act by knowingly originating and underwriting mortgage loans insured by the U.S. Department of Housing and Urban Development's Federal Housing Administration that did not meet applicable requirements. Read More

View All Legislative/Regulatory Developments
Brit PLC names Matthew Wilson as Group Deputy CEO Read More

Long Term Care Insurance Industry Paid $7.8 Billion in Claim Benefits in 2014 Read More

P&C Insurers Focus on Financial Strength While Still Investing in the Business, Survey Finds
Read More

Edward J. Kelly, III, Former Davis Polk Partner, Named to MetLife's Board of Directors
Read More

FC&S Legal Publishes "Wisconsin Supreme Court: Pollution Exclusion Bars Coverage for Well Contamination Resulting from the Application of Manure and Septage as Fertilizer" Read More

View All Industry News
Form Analysis
Hospital Professional Liability Insurance


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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