Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Friday, April 10, 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
In Superstorm Sandy Case, Third Circuit Holds that "Insured Property" Under SFIP Did Not Include Land
In a Superstorm Sandy case, the U.S. Court of Appeals for the Third Circuit has ruled that the "insured property" under a National Flood Insurance Program Dwelling Form Standard Flood Insurance Policy meant only the specific structures and items of property that were insured by the SFIP (such as the insureds' house) and not the entire parcel of land owned by the insureds. Thus, it held, the policy did not cover the cost of removing storm-generated debris not owned by the insureds from their land outside their house. Read More

Trial Strategy

Can the Insured Introduce Evidence of the Length of the Insured-Insurer Relationship?
When an insured sues to collect payment of a claim under an allegedly cancelled insurance policy, may the insured introduce evidence of his or her longstanding relationship with the insurer? In a recent decision, a Florida appellate court ruled that the trial court should not have permitted the insured to highlight her approximately two decade relationship with her insurer in these circumstances, and it reversed judgment in her favor. Read More

Circuit Affirms Ruling that Home's Lower Level Was a Basement Where One Side Was About an Inch Below Concrete Apron Surrounding In-Ground Pool
The U.S. Court of Appeals for the First Circuit, affirming a district court's decision, has ruled that the lower level of a two-level home was a basement for purposes of a standard flood insurance policy where it was subgrade on three sides, the fourth side was 0.76" below a concrete apron that surrounded an in-ground swimming pool, and a person had to step up slightly to exit the house onto the concrete apron. Read More

Homeowners Insurance
Statute of Limitations Began to Run When Insurer's First Letter Unequivocally Denied Insured's Claim, Not When Insurer Sent Second Letter, Court Rules
A federal district court in Arizona has dismissed an insured's bad faith claim against his insurer on statute of limitations grounds, rejecting the insured's contention that the statute began to run from the insurer's second letter denying coverage, not its earlier letter. The court determined that the statute began to run from the earlier letter because it unequivocally denied the insured's claim. Read More

View All Case Law Developments

Life Insurance

SEC Charges L.A.-Based Pacific West Capital Group with Fraud in Sale of Life Settlement Investments
Los Angeles-based Pacific West Capital Group Inc. and its owner Andrew B. Calhoun IV have been charged by the Securities and Exchange Commission with fraud in the sale of "life settlement" investments. Read More

In the States

Iowa, Maine, and Missouri Join International Information Exchange Agreement
The insurance supervisors of Iowa, Maine, and Missouri have joined an international supervisory cooperation and information exchange agreement. Read More

View All Legislative/Regulatory Developments
W. R. Berkley Combines Its U.S. Broker Market Reinsurance Units and Makes Executive Appointments Read More

Former Metropolitan Life In-House Counsel Gregg P. Hirsch Joins Mound Cotton Wollan & Greengrass as Special Counsel 
Read More

Insurance Coverage Litigators Darin L. Brooks, Meagan W. Glover, and Brian E. Waters Join Gray, Reed & McGraw Read More

Over 40 Percent of Small Businesses Will Experience a Claim in the Next Decade, The Hartford Reports 
Read More

Endurance Specialty Holdings to Acquire Montpelier Re Holdings in $1.83 Billion Deal Read More

View All Industry News
Condominium Endorsement and Coverage for Water Loss


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
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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2015 Summit Professional Networks, All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018