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TODAY'S TOP DEVELOPMENTS Monday, June 15, 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
New York Federal Court Orders Superstorm Sandy Coverage Dispute to Arbitration
The U.S. District Court for the Southern District of New York has ruled that an arbitration clause in a commercial property insurance policy was enforceable and that a dispute over the amount of coverage that the New Jersey Transit Corporation was entitled to for damages to its facilities and equipment caused by Superstorm Sandy was subject to arbitration under that clause.  Read More

Environmental Liability

Disposal of Containers Holding Contaminants Was Not a Discharge of Pollutants Where Containers Did Not Leak, Ninth Circuit Holds
The U.S. Court of Appeals for the Ninth Circuit, affirming a decision by the U.S. District Court for the District of Guam, has ruled that the disposal into the environment of containers holding contaminants did not constitute a discharge of pollutants where no contaminants had leaked into the environment. Read More

Homeowners Insurance
Homeowners’ Bid for “Collapse” Coverage Is Rejected by Wisconsin Appeals Court
An appellate court in Wisconsin, affirming a trial court’s decision, has ruled that homeowners had not demonstrated that their home had “collapsed” during construction for purposes of their homeowners’ insurance policy. Read More

Life Insurance
Finding Issue as to Materiality of Insured’s Health Omissions, Appeals Court Reverses Summary Judgment in Favor of Life Insurer
An appellate court in Indiana has reversed a trial court’s decision granting summary judgment to a life insurer, ruling that a factfinder had to determine whether the insured’s omissions about his health were sufficiently material to permit the insurer to rescind the policy it had issued. Read More

View All Case Law Developments


National Flood Insurance Program Is “Proverbial Melting Iceberg,” FEMA Administrator Tells House Subcommittee
Brad Kieserman, the outgoing Deputy Associate Administrator for Federal Insurance in the Department of Homeland Security’s Federal Emergency Management Agency, spoke the other day to a House of Representatives subcommittee that was holding a hearing on the National Flood Insurance Program and Superstorm Sandy claims. Insurers, policyholders, their attorneys, and other stakeholders would be well advised to review Mr. Kieserman’s statement in detail; here are highlights. Read More

In the States
NAIC Releases First Volume of 2014 Insurance Department Resources Report
The National Association of Insurance Commissioners has released the first volume of the 28th edition of the Insurance Department Resources Report. Read More

View All Legislative/Regulatory Developments
Tokio Marine Holdings to Acquire HCC Insurance Holdings in $7.5 Billion Transaction Read More

Jill Groshek Joins Berkshire Hathaway Travel Protection as Vice President of Underwriting 
Read More

W. R. Berkley Names Steven S. Zeitman President of Admiral Insurance Read More

Edward Mazman to Lead Ironshore’s New Global Real Estate Industry Practice 
Read More

FC&S Legal Publishes “Eleventh Circuit Rejects Insurer’s Application of ‘Manifestation Trigger’ in Property Damage Case” Read More

View All Industry News
Road Damage to Tires Exclusion


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

View Entire May / June 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

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