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TODAY'S TOP DEVELOPMENTS Monday, April 14, 2014

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.


Professional Liability Insurance
Federal LRRA Preempts Application of New York's Direct Action Law to Arizona-Domiciled Risk Retention Group that Issued Policies in New York, Second Circuit Decides
The U.S. Court of Appeals for the Second Circuit has ruled that the federal Liability Risk Retention Act of 1986 preempts the application of New York Insurance Law Section 3420(a)(2) to a risk retention group that is domiciled in Arizona, but that issues insurance policies in New York. Read More

Homeowners Insurance

Statute of Limitations for Homeowners' Suit against Insurance Agent Had Expired 2 Years Before Fire Damaged Their Home, Indiana Supreme Court Holds
The Indiana Supreme Court, affirming lower court decisions, has ruled that a lawsuit by homeowners against an insurance agent had properly been dismissed on statute of limitations grounds, concluding that the statutory limitations period had expired two years before a fire had damaged their home. Read More

Automobile Insurance
Attorney, as Assignee, Did Not Have Standing to Pursue Insurance Bad Faith Action, Circuit Holds
The U.S. Court of Appeals for the Third Circuit, affirming a district court's decision, has ruled that an attorney did not have standing to pursue an insurance bad faith action under Pennsylvania law based on a partial assignment of a claim against the insurer by the insured's executrix. Read More

Automobile Insurance
Arizona Supreme Court Asked to Determine Collateral Estoppel Effect of Default Judgment against Insureds Pursuant to Settlement Agreement Stipulating Facts Determinative of Liability and Coverage
The U.S. Court of Appeals for the Ninth Circuit has asked the Arizona Supreme Court to decide whether a default judgment entered pursuant to a settlement agreement that included the stipulation of a factual issue that was determinative of both liability and insurance coverage in a tort liability action had collateral estoppel effect, precluding litigation of that issue in a subsequent insurance coverage action. Read More

View All Case Law Developments

Automobile Insurance

California Insurance Commissioner Recommends that Uber, Lyft, and Sidecar Bear the Burden of Providing Insurance
Transportation network companies such as Uber, Lyft, and Sidecar should bear the insurance burden when they encourage non-professional drivers to use their personal vehicles to transport passengers for a profit, California Insurance Commissioner Dave Jones wrote in a letter to the California Public Utilities Commission. Read More


Christie Administration Asks FEMA to Give New Jersey Residents and Businesses Another Six Month Extension to File Flood Claims Related to Superstorm Sandy
The Christie Administration is urging the Federal Emergency Management Agency to grant New Jersey residents and businesses who suffered property damage or destruction in Superstorm Sandy an additional six month extension to file a complete flood insurance claim, or proof of loss, in connection with the storm. Read More

View All Legislative/Regulatory Developments
Eight Partner Insurance Litigation Group Joins Sheppard Mullin Read More

Mayer Brown Study Shows Optimism about Insurance M&A Activity in 2014 
Read More

Colonial Life Names Rich Williams Senior Vice President 
Read More

Six Iowa Insurance Companies to Host Des Moines Insurance Conference in May 
Read More

Peak Re Appoints Sophia Chiu Senior Vice President for Claims 
Read More

View All Industry News
Insured's Failure to Adhere to Policy Conditions


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

View Entire 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, Tressler 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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