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TODAY'S TOP DEVELOPMENTS Tuesday, March 31, 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.


Errors & Omissions
Delaware Supreme Holds that Amount Paid Under Louisiana PPO Law to Settle Class Action Was Not Excluded from Insured's Policy as a "Penalty"
The Delaware Supreme Court, reversing a Delaware trial court's decision, has ruled that it had it show deference to a Louisiana appellate court's decision and adopt its conclusion that a monetary settlement paid by the insured under Louisiana's Preferred Provider Organizations Act was not a "penalty" under the Louisiana law and, therefore, was not excluded as a covered loss under the insured's errors and omissions insurance policy. 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

Law Enforcement Liability
Alleged Malicious Prosecution Did Not Take Place During Policy Periods, Illinois Appeals Court Rules
An appellate court in Illinois, affirming a trial court's decision, has ruled that an alleged malicious prosecution did not take place while the law enforcement liability insurance policies that had been issued by Indian Harbor Insurance Company were in effect, where criminal charges had been filed against the underlying plaintiff years before the policies' inception. Read More

Automobile Insurance
Insurer Could Not Be Sued Directly Over Accident Allegedly Involving Van Used to Transport Georgia Medicaid Patients, Appellate Court Rules
An appellate court in Georgia has affirmed a trial court's decision that an insurance company could not be sued in a direct action in a case involving a van used to provide non-emergency medical transportation to Medicaid members in Georgia, ruling that the van fell within an exemption to the definition of motor carrier under Georgia's direct action law. 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


NAIC Opens Two Cybersecurity-Related Drafts for Comment
The National Association of Insurance Commissioners has opened two draft cybersecurity-related documents for comment. Read More

View All Legislative/Regulatory Developments
American Century Life to Accept Payments in Bitcoins Read More

The Most Ethical Insurance Companies Are… Read More

Insurance Lawyers Charles A. Cowan and Kristi M. Garrett Join Drinker Biddle & Reath in London Read More

QBE North America Appoints Mark Cantin President of Field Operations 
Read More

FC&S Legal Publishes "Ten Critical Factors to Evaluate Risk as Wearable Technology Market Grows" Read More

View All Industry News


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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