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TODAY'S TOP DEVELOPMENTS Friday, March 31, 2017  

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.


Insurer Could Not Hold Nonprofit Group Responsible for Fire Allegedly Caused by Its Tenant's Smoking, N.Y. Appeals Court Rules
An appellate court in New York has affirmed a trial court's decision dismissing negligence and breach of contract claims brought by an insurance company against a nonprofit organization that subleased an apartment to a tenant whose smoking allegedly caused a fire at the complex. Read More

Superstorm Sandy
N.J. District Court Refuses to Dismiss Insured's Superstorm Sandy Suit for Failure to Timely File Proof of Loss
A federal district court in New Jersey, in a Superstorm Sandy insurance coverage case, has denied an insurer's motion for summary judgment on the ground that the insured homeowner had not timely filed a proof of loss as required by his flood insurance policy.  Read More

Excess v. Prime
Excess Insurer Did Not Have Absolute Right to Veto Settlement Under Policy's "No Action" or "No Voluntary Payments" Clauses, Ninth Circuit Says
The U.S. Court of Appeals for the Ninth Circuit has ruled that, under California law, an excess insurer did not have an absolute right to veto a settlement under its policy's "no action" or "no voluntary payments" clauses. Read More

Attorney's Fees
Case Study: When the Governing State Law Is Key in Coverage Fight
It is well known that an insurance policy can be interpreted one way under one state's law, and a different way under a second state's law. That was illustrated recently in a decision by a federal district court in Georgia in a case in which an insured sought coverage for an alleged "malicious prosecution." Read More

View All Case Law Developments

Automobile Insurance

What Do Autonomous Vehicle Accident Reports Tell Us? Here's What FC&S Legal Found
FC&S Legal has reviewed accident reports involving autonomous vehicles to see what caused the accidents and what lessons can be learned from them. Read More

Superstorm Sandy
FEMA Decides Not to Claw Back Millions in Superstorm Sandy Aid Already Spent by Long Island Town of North Hempstead
The Federal Emergency Management Agency has decided that millions of dollars in federal Superstorm Sandy aid should not be clawed back from the Long Island town of North Hempstead despite an inspector general report recommending that these funds be recovered. Read More

View All Legislative/Regulatory Developments
Volcanic Eruptions Could Cost Large Cities up to US $30 Billion, New Swiss Re Model Says  Read More

Allianz Worldwide Partners Insures EasyMile's Autonomous Vehicles  
Read More

Great American Insurance Launches Program to Insure Child and Spousal Support During Qualifying Periods of Unemployment  
Read More

XL Catlin Introduces Kidnap, Ransom, and Extortion Coverage Option for General Aviation Insurance Program  
Read More

Ironshore Specialty Casualty Enhances Construction Cover to Address M&A Transition Exposures  
Read More

View All Industry News
Date of Declaration of Civil Authority and Coverage


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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, Cope Ehlers, 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.
Richard 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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