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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.


Commercial Property
Utility’s Pre-Sandy Power Shutdown Did Not Cause “Direct Physical Loss” to Unharmed Office, Court Rules – But It Rejects Insurer’s Argument that Flood Exclusion Would Have Applied
A federal district court in New York has rejected a law firm’s “loss of business income” claim resulting from a utility’s decision to shut down power in anticipation of Superstorm Sandy’s arrival, finding that because the firm’s office had not been damaged, the firm had not suffered “direct physical loss or damage.” However, the court also found, in dicta, that if there had been such a loss, coverage would not have been excluded by the policy’s flood exclusion because “flooding” and concerns of “imminent flooding damage” were not equivalent. Read More


Excess Insurer May Not Object to Bankrupt Company’s Settlement with Insurer, Seventh Circuit Holds in Opinion by Judge Posner
The U.S. Court of Appeals for the Seventh Circuit, in an opinion by Judge Richard A. Posner, has ruled that a nonparty excess insurer of a bankrupt company was not a “party in interest” in the company’s bankruptcy case that could object to its settlement of a dispute with one of its insurance carriers. Read More

Homeowners Insurance
Court Denies Insurer’s Motion to Dismiss Bad Faith and Unfair Practices Claims Where Insureds Alleged “Industry-Wide Practice,” Citing ISO, of Denying “Concrete Decay” Claims
A federal district court in Connecticut has denied an insurance company’s motion to dismiss bad faith and unfair practices claims in a “concrete decay” case, finding that allegations that the insurance carrier had followed an “an industry-wide practice” – citing its participation in the Insurance Services Office, Inc. – in denying their claim were sufficient to permit the homeowners’ lawsuit to go forward. Read More

Life Insurance
Misstatement of Woman’s Age in Policy Application Permits Life Insurer to Adjust Benefits Payable Years Later Upon Her Death, Court Rules
A federal district court in Colorado has ruled that a life insurance policy’s “misstatement of age” provision permitted the insurer to adjust the amount payable to the beneficiary upon the death of the insured, based on a misstatement of the insured’s age at the policy’s inception years earlier. Read More

View All Case Law Developments

In the States

Florida Legislation Would Set New Solvency Standards for Insurance Companies
The Florida legislature has passed a bill, SB 1308, that makes fundamental changes to insurer solvency regulation in the state. Read More

Automobile Insurance

Financing Company to Pay $200,000 to Settle Charges of Prematurely Canceling Massachusetts Auto Policies
An Illinois-based premium financing provider has agreed to pay $200,000 to resolve allegations that it illegally and prematurely canceled certain financed auto insurance policies affecting nearly 200 Massachusetts customers. Read More

View All Legislative/Regulatory Developments
Large Employers “Fully Committed” to Company-Sponsored Benefits, Express Mixed Reaction to Private Health Insurance Exchanges, National Survey Shows Read More

Philadelphia Assistant District Attorney John Doyle Honored with Fraud Fighter Award 
Read More

FC&S Legal Publishes Nelson Levine De Luca & Hamilton’s Bad Faith Compendium: Pennsylvania 
Read More

Kathleen Reardon Promoted to CEO of Hamilton Re 
Read More

MetLife Names Eric Butler Head of Global Health Care for Global Employee Benefits Read More

View All Industry News
Q & A
Replacement Cost Claims After Death


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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
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

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