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TODAY'S TOP DEVELOPMENTS Friday, March 20, 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.


Health Insurance
County that Administered Health Insurance Benefits for Public Employees Was Immune from Tort Liability for Intentional Torts, Michigan Appeals Court Finds
An appellate court in Michigan, reversing a trial court's decision, has ruled that a Michigan county was immune from tort liability for any intentional torts it may have committed in its administration of health insurance benefits for public employees. Read More

Superstorm Sandy

4 Superstorm Sandy Class Actions Allege that NFIP and Insurers Improperly Excluded Sales Tax Amounts from Payments to Homeowners
Homeowners who filed claims under their flood insurance policies after Superstorm Sandy have brought class action lawsuits – three in the Eastern District of New York and one in the District of New Jersey – alleging that their insurers improperly had excluded sales tax from the payments to which they were entitled. Read More

Professional Liability Insurance
"Legal Representative of Investors" Exclusion Dooms Coverage for Client's Claim that Lawyer Advised Him on Loans to His Firm and Another Client
The Missouri Supreme Court, affirming a trial court's decision, has ruled that the "legal representative of investors" exclusionary clause in a malpractice insurance policy precluded coverage of a client's claim that the lawyer had advised him on six loans the client made to the lawyer's firm and to another client that were never repaid. Read More

Commercial General Liability
Indiana Appeals Court Affirms Its Original Opinion in Migrating Sand Case; Also Rules that Alleged Property Damage Had Not Been Expected or Intended and Exclusion Did Not Apply
An Indiana appellate court has granted an insurance company's motion for rehearing in a case in which it found that a commercial general liability insurance policy provided property damage coverage to the insured. It then reaffirmed its original opinion and also decided that the property damage had not been expected or intended by the insured and, therefore, was not subject to an exclusion under the policy. Read More

View All Case Law Developments

Superstorm Sandy

FEMA to Reopen and Review Every One of 144,000 Superstorm Sandy Claims
The Federal Emergency Management Agency has agreed to reopen and review every Superstorm Sandy flood insurance claim – approximately 144,000 – and not to limit its review to the 2,200 currently in litigation. Read More

Health Insurance

EmblemHealth Agrees to Boost Coverage for Preventive Services
EmblemHealth, Inc., has reached an agreement with New York State officials that requires Emblem to cover anesthesiology services provided in connection with an in-network preventive colonoscopy, without any cost-sharing by the member. Emblem also has issued refunds to hundreds of Emblem members who paid a copayment, coinsurance, or deductible for such anesthesiology services. Read More

View All Legislative/Regulatory Developments
Poor Road Conditions Have Cost Insurers and Consumers $27 Billion Over Five Years, Survey Finds Read More

The Most Ethical Insurance Companies Are... 
Read More

Retirement Savings Levels Have Continued to Worsen, National Institute on Retirement Security Report Finds 
Read More

State Farm Receives FAA Clearance to Test Damage-Assessing Drones 
Read More

American Century Life to Accept Payments in Bitcoins Read More

View All Industry News
Choice of Law Provisions


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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, 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
David D. Thamann, The National Underwriter Company

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