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TODAY'S TOP DEVELOPMENTS Monday, March 30, 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
Flood Sublimits Did Not Apply to Losses Caused by Superstorm Sandy Storm Surge, New Jersey Trial Court Rules
A trial court in New Jersey has ruled, in a Superstorm Sandy case, that flood sublimits did not apply to losses caused by storm surge, potentially affording coverage for $500 million in losses claimed by the Public Service Enterprise Group, Inc. Read More

Attorney's Fees

Arkansas Supreme Court Limits Availability of Attorneys' Fees to Insureds in Coverage Actions
The Supreme Court of Arkansas, in response to a question certified to it by the U.S. District Court for the Eastern District of Arkansas, has ruled that the recovery of attorneys' fees by an insured in an insurance contract action was exclusively available pursuant to Arkansas Code Annotated Section 23-79-208, precluding an award of attorneys' fees pursuant to Arkansas Code Annotated Section 16-22-308. Read More

Commercial Property
Iowa Supreme: Policy's Rain Limitation Precluded Coverage for Damage Caused by Rain Escaping Ruptured Interior Drainpipe
The Iowa Supreme Court, in its first opportunity to adjudicate an insurance claim under a policy limiting coverage for losses "caused by rain," has reversed an intermediate appellate court's decision and has ruled that the "unambiguous language" of a rain limitation in a commercial property insurance policy precluded coverage for damage allegedly caused by rainwater escaping a ruptured interior drainpipe in the insured building. Read More

Automobile Insurance
MCS-90 Endorsement Required Tortfeaso's Insurer to Compensate Injured Party Even If Injured Party Already Had Been Compensated by Its Own Insurer, Eighth Circuit Rules
The U.S. Court of Appeals for the Eighth Circuit, in a case of first impression in the circuit, has ruled that the federally mandated Motor Carrier Act of 1980 MCS-90 endorsement for motor carriers required a tortfeasor's insurer to compensate an injured party even if the injured party already had been compensated by its own insurer. Read More

View All Case Law Developments

Life Insurance

Two Additional Insurers Agree to Use of Death Master File
Guardian Life and Pacific Life have reached multi-million dollar settlements related to their use of the Social Security Administration's Death Master File database. Both insurers agreed to reform their business practices and use the database to search for policyholder beneficiaries that might be owed benefits from a life insurance policy. Read More

Life Insurance

Florida Man Charged with Insurance Fraud by Faking His Death
Jose Lantigua and his wife Daphne Simpson of Fleming Island, Florida, have been charged with seven counts of insurance fraud after Florida officials said they discovered that Mr. Lantigua had faked his own death to cash in on $9 million in life insurance policies he had purchased. Read More

View All Legislative/Regulatory Developments
Northwestern Mutual Life Acquires LearnVest to "Redefine Financial Planning" Experience Read More

Support Growing for Compromise on Insurance Requirements for Uber, Lyft, and Other TNCs Read More

Progressive Says that Its Usage-Based Insurance Program Will No Longer Provide Only Discounts — Some Drivers Will Face Rate Increases Read More

Massachusetts Insurance Federation Names John P. Murphy as New Executive Director 
Read More

ACE White Paper Offers Steps for Businesses to Stem Environmental Operational Risks Read More

View All Industry News
Creditor of Production Equipment as Mortgagee


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

View Entire March / April 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
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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