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TODAY'S TOP DEVELOPMENTS Wednesday, March 4, 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.


Homeowners Insurance
N.J. Federal District Court Refuses to Dismiss Bad Faith Claim in Superstorm Sandy Case – and Decides that N.J. Consumer Fraud Act Applied to Payment of Insurance Benefits
A federal district court in New Jersey, in a Superstorm Sandy case, has refused to dismiss a bad faith claim brought by a homeowner against her insurance company. The court also refused to dismiss the homeowner’s claim against the insurer under the New Jersey Consumer Fraud Act (“CFA”), deciding that the CFA applied to the payment of insurance benefits. Read More

Life Insurance

11th Circuit Upholds $850,000 Sanction on Finance Company in Alleged STOLI Case
The U.S. Court of Appeals for the Eleventh Circuit has upheld an $850,000 sanction imposed by a Florida district court on a finance company in a case involving an alleged stranger-originated life insurance scheme. Read More

Homeowners Insurance
“Other Insurance” Clauses Lead Michigan Court to Dismiss One Insurer’s Third-Party Complaint Against Second Insurer
A federal district court in Michigan has dismissed one insurance company’s third-party complaint against a second insurer where both insurers’ policies contained an “other insurance” clause, concluding that the first insurer could not be forced to pay for losses over and above the amounts provided in its policy and, therefore, that it had no cause of action against the second insurer. Read More

Eye on the Experts
Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Right to Recover Punitive Damages Arising from Insurer’s Bad Faith
This Eye on the Experts article discusses a case of first impression, in which the Pennsylvania Supreme Court held that a policyholder may assign statutory bad faith claims under Pennsylvania’s bad faith statute to a third party claimant. Read More

View All Case Law Developments

Superstorm Sandy

4 U.S. Senators Call for Congressional Hearings on FEMA Following Allegations of Fraudulent Engineers’ Reports in Superstorm Sandy Cases
The four U.S. Senators from New York and New Jersey – Kirsten Gillibrand and Charles E. Schumer (both D-N.Y.) and Bob Menendez and Cory Booker (both D-N.J.) – have called on the Senate Committee on Banking, Housing & Urban Affairs to hold new oversight hearings of the flood insurance claims of homeowners impacted by Superstorm Sandy through the National Flood Insurance Program, which is run by the Federal Emergency Management Agency. Read More

Superstorm Sandy

Allegation of Fraud in Superstorm Sandy Cases “Is Highly Troubling,” DHS Secretary Jeh C. Johnson Declares
Department of Homeland Security Secretary Jeh C. Johnson has released a statement in which he said that “[a]ny allegation of fraud” in connection with Superstorm Sandy insurance claims was “highly troubling” and “a matter of great concern” to him and Federal Emergency Management Agency Administrator Craig Fugate. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “Eighth Circuit Applies Compulsory Insurance Doctrine to Save Northwest: What Will Save You?” Read More

Teresa Wynn Roseborough Elected to The Hartford’s Board Of Directors Read More

Principal Financial Group Names Nora Everett and Deanna Strable as Segment Presidents; Ralph Eucher to Retire
Read More

BitGo Secures Bitcoin Theft Insurance from XL Group
Read More

ProSight Specialty Insurance Receives Final Authorization to Launch New Managing Agency at Lloyd’s Read More

View All Industry News
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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

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