Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Thursday, May 5, 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.


In Asbestos-Related Excess Coverage Dispute, New York’s Top Court Applies “All Sum” Allocation and Vertical Exhaustion
New York’s highest court, the New York Court of Appeals, has decided, in an asbestos coverage dispute, that “all sums” allocation applied where the excess insurance policies either followed form to a non-cumulation provision or contained a non-cumulation and prior insurance provision. The Court also decided that vertical exhaustion was required before certain upper level excess policies attached. Read More

Superstorm Sandy
Federal Court in Superstorm Sandy Case Dismisses RICO Action Based on Allegedly Fraudulent Damage Reports
A federal district court in New York has dismissed claims under the federal Racketeer Influenced and Corrupt Organizations Act brought by an insured whose home was damaged by Superstorm Sandy against an insurance company and its contractors based on allegations that damage reports had been fraudulently prepared. Read More

Verdicts & Settlements
Doctor and Wife Struck by Car While Crossing Street Found Negligent; Awarded No Damages
A jury has decided that a husband and wife who were struck by a car while crossing a street in Texas were negligent and entitled to no damages from the driver. Read More

Eye on the Experts
Fourth Circuit Holds That Data Breach Is Covered by Commercial General Liability Policy
This Eye on the Experts article discusses a recent unpublished opinion by the U.S. Court of Appeals for the Fourth Circuit holding that an insurer must defend a medical records company in a putative class action pending in New York state court alleging data breaches. Read More

View All Case Law Developments

Federal Actions

FINRA Sanctions MetLife Securities with Its Largest Fine Relating to Variable Annuities
The Financial Industry Regulatory Authority has fined MetLife Securities, Inc., $20 million and ordered it to pay $5 million to customers for making what the regulator determined were negligent material misrepresentations and omissions on variable annuity replacement applications for tens of thousands of customers. Read More

In the States
Florida Regulator Approves Removal of Up to 15,000 Additional Policies from Citizens Property Insurance
The Florida Office of Insurance Regulation has approved the removal of up to 15,000 additional personal residential policies from Citizens Property Insurance Corporation for the July 19, 2016 take-out period. Read More

View All Legislative/Regulatory Developments
London Market Group Appoints Nicolas Aubert New Chair  Read More

QBE North America Appoints John Burkhart as Head of Management Liability & Professional Lines  
Read More

Guardian Offers Voluntary Permanent Life Insurance Coverage  
Read More

XL Catlin Promotes Carrie Huang to Underwriting Manager for War, Terrorism, and Political Violence Insurance for Asia  
Read More

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

View All Industry News
Discussion of a Collapse Claim


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

View Entire Spring 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%%.
Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018