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TODAY'S TOP DEVELOPMENTS Friday, March 27, 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.


Trial Strategy
The Insurer’s Burden of Proof on a Material Misrepresentation Defense and Its Counterclaim for Statutory Fraud
The burden of proof imposed on an insurer in an insurance coverage/insurance fraud case often can determine the outcome. A recent decision by a U.S. magistrate judge on an insurer’s material misrepresentation defense (asserted in connection with its denial of the insureds’ claim) and on the insurer’s counterclaim for statutory fraud illustrates the analysis undertaken by courts to determine the applicable burden of proof in these situations. Read More

Employee Benefits

“Active Work” in Law Firm’s Group Long Term Disability Plan Was Ambiguous, Court Rules
In Cheney v. Standard Ins. Co., No. 13 C 4269 (N.D. Ill. Aug. 28, 2014), the U.S. District Court for the Northern District of Illinois decided that Carole Cheney, an attorney at Kirkland & Ellis LLP who eventually became a non-share partner specializing in appellate and commercial litigation, was entitled to receive disability benefits under a group long term disability plan offered through Kirkland & Ellis by Standard Insurance Company. Now, the court has issued a decision on the calculation of Ms. Cheney’s pre-disability earnings. Read More

Workers Compensation
Montana Supreme Court Affirms Dismissal of Workers’ Comp Insurer’s Claim against Competitors for Their Allegedly Derogatory Comments to Its Prospective Customers
The Montana Supreme Court has upheld a trial court’s decision dismissing a claim for intentional interference with prospective economic advantage brought by one workers’ compensation insurance company against a number of competitors, finding that the insurer had not established any actual damages. Read More

Homeowners Insurance
Did Insureds’ $24,500 Property Valuation in Bankruptcy Estop Their Post-Fire $317,292.28 Valuation A Short While Later?
A federal district court in Michigan has rejected an insurance company’s argument that homeowners were judicially estopped from asserting that the value of the personal property they lost in a fire was $317,292.28 when only a short while before they had valued their personal property in their Chapter 7 bankruptcy case at only $24,500. Read More

View All Case Law Developments

Superstorm Sandy

FEMA Creates Superstorm Sandy Web Site to Inform Policyholders of “Sweeping Reforms”
The Federal Emergency Management Agency has created a web site to inform National Flood Insurance Program policyholders affected by Superstorm Sandy of new developments. Read More

Insurance Fraud

Jury Convicts in “Largest Single No-Fault Automobile Insurance Fraud Scheme Ever Charged”
Mikhail Zemlyansky has been found guilty on racketeering conspiracy, securities fraud, mail fraud, and wire fraud charges following a four week jury trial before U.S. District Judge J. Paul Oetken in the Southern District of New York. Read More

View All Legislative/Regulatory Developments
Shipping Losses Lowest for 10 Years, But Mega-Ships and Cyber-Attacks Pose New Threats for Maritime Sector, Allianz Reports Read More

Insured Losses from Disasters Were Below Average in 2014 Despite Record Number of Natural Catastrophe Events, Swiss Re Study FindRead More

Distraction and Teen Crashes: Study Confirms “Serious Problem” Read More

Collapse of an Insurance Empire Examined in the Wall Street Journal 
Read More

Horsepower and High Tech: The Costliest Cars to Insure Are… Read More

View All Industry News
Form Analysis
Fine Arts Form


Browse our entire library of over 2,500 insurance resources and forms.

View Entire March / April Insurance Coverage Law Report
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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

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

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