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TODAY'S TOP DEVELOPMENTS Thursday, March 5, 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
160 Superstorm Sandy Cases Tentatively Settled in New York
Lawyers for homeowners challenging treatment of their Superstorm Sandy cases have reported that settlements have tentatively been reached in 160 cases. Read More


Pollution Exclusion Barred Coverage of Claim that Silica Dust Migrated Up Elevator Shaft from Construction Project, N.Y. Appeals Court Decides
A New York appellate court, reversing a trial court’s decision, has ruled that a pollution exclusion in a first-party insurance policy barred coverage of a claim that construction work caused silica dust to migrate up an elevator shaft and into the insured’s building. Read More

Commercial General Liability
One Insurer May Not Seek to Void Settlement Agreement Between Its Insured and Another Insurer, Louisiana Appellate Court Decides
An appellate court in Louisiana, reversing a trial court’s decision, has ruled that one insurance company may not seek to annul a settlement agreement between its insured and a second insurance carrier. Read More

Professional Liability Insurance
Wisconsin Supreme: State’s Notice-Prejudice Laws Did Not Supersede Reporting Requirement Specific to Claims-Made-and-Reported Policies
The Wisconsin Supreme Court, reversing an intermediate appellate court’s decision, has ruled that Wisconsin’s notice-prejudice statute – which provide that an insured’s failure to furnish timely notice of a claim as required by the terms of a liability policy will not bar coverage unless timely notice was “reasonably possible” and the insurance company was “prejudiced” by the delay – did not supersede the reporting requirement specific to claims-made-and-reported policies. Read More

View All Case Law Developments

Insurance Fraud

10 Charged in New York with Staging Vehicular Accidents and Falsifying Collision Reports to Receive Fraudulent Insurance Payments
Ten individuals have been charged in New York with participating in and coordinating a series of staged motor vehicle accidents, as well as falsifying their involvement in other vehicular incidents, to fraudulently collect insurance payouts. The defendants were charged in multiple indictments in New York State Supreme Court with insurance fraud in the third and fourth degrees and falsifying business records in the first degree. Read More

In the States

Al Redmer, Jr., Again Becomes Maryland’s Insurance Commissioner
Al Redmer, Jr., has taken the oath of office to serve as Maryland’s Insurance Commissioner. Read More

View All Legislative/Regulatory Developments
2014 Insured Losses Hit Lowest Level in Five Years, Reports Guy Carpenter Read More

FC&S Legal Publishes “Cyber Security and Insurance Coverage Protection: The Perfect Time for an Audit” Read More

Selective Appoints New Executive Vice President of Commercial Lines
Read More

Insurance Coverage Defense Firm Carroll McNulty & Kull Expands with Austin Office
Read More

USAA to Offer Insurance for Ridesharing Drivers in Texas 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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