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TODAY'S TOP DEVELOPMENTS Tuesday, May 3, 2016  

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.


Workers Compensation
Florida Supreme Court Strikes Down Law Creating Mandatory Attorneys’ Fee Schedule in Workers’ Comp Cases
The Florida Supreme Court has struck down, as unconstitutional on Due Process grounds, the mandatory fee schedule in Section 440.34, Florida Statutes (2009), finding that it eliminated the requirement of a reasonable attorneys’ fee to a successful workers’ compensation claimant. Read More

Credit Insurer Pursuing Subrogation Was Not a “Collection Agency” Requiring a Maryland License, Appeals Court Rules
The Maryland Court of Special Appeals, reversing a trial court’s decision, has ruled that a credit insurer pursuing its subrogation rights was not a “collection agency” for purposes of Maryland law and, therefore, did not need a license to obtain a valid judgment. Read More

Superstorm Sandy
Bankrupt Owners of Home Destroyed by Superstorm Sandy Could Not Force Bank to Take Title, N.Y. District Court Decides
The U.S. District Court for the Eastern District of New York has reversed a bankruptcy court’s decision and has ruled that the owners of a home destroyed and rendered uninhabitable by Superstorm Sandy could not abandon it in their bankruptcy case and “vest” title in their secured bank lender, with the corresponding obligations (such as carrying costs) of ownership. Read More

Homeowners Insurance
Anti-Concurrent Causation Clause Dooms N.J. Homeowners’ Superstorm Sandy Claim
The U.S. District Court for the District of New Jersey has ruled that the anti-concurrent causation clause in a homeowners’ insurance policy precluded coverage for a Superstorm Sandy property damage claim where storm surge, at least indirectly, had damaged the insureds’ home. Read More

View All Case Law Developments

Superstorm Sandy

N.J. Congressman Tom MacArthur Claims FEMA Still Is Wrongfully Denying Superstorm Sandy Claims
The Federal Emergency Management Agency, which previously agreed to reopen thousands of claims, is engaged in a “systemic effort” to continue to “wrongfully deny the claims of Sandy victims,” Congressman Tom MacArthur (R-N.J.) is charging. Read More

In the States
David Altmaier Is New Florida Insurance Commissioner
The Florida Financial Services Commission has appointed David Altmaier as the new insurance commissioner for the Florida Office of Insurance Regulation. Read More

View All Legislative/Regulatory Developments
AIG, Hamilton Insurance Group, and Two Sigma Announce Plans to Establish Joint Venture for SME Market  Read More

RSG Hires Jorge Pecci to Lead Specialty Marine Business; Ray Stahl Joins as SVP of Yacht Practice  
Read More

W. R. Berkley Appoints Kevin G. Hogan, Susan M. Vella, and Christoph Ritterson to High Net Worth Personal Lines Business  
Read More

FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: Oregon”  
Read More

Ameritas Life Completes Acquisition of Security Life and Security Health  
Read More

View All Industry News
Joint Loss Agreements


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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, 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

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