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TODAY'S TOP DEVELOPMENTS Tuesday, June 16, 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
“Act of God” Defense Bars Damages Claim in Superstorm Sandy Suit
The U.S. District Court for the Southern District of New York has ruled that the “Act of God” defense in the Carriage of Goods by Sea Act barred a claim for damages against a shipping company for goods damaged by Superstorm Sandy.  Read More

Automobile Insurance

Punitive Damages Awarded Against Insured in Personal Injury Suit Are Not Recoverable in Action Against Insurer, Third Circuit Decides
The U.S. Court of Appeals for the Third Circuit, interpreting Pennsylvania law, has ruled that punitive damages awarded against an insured in a personal injury suit were not recoverable in a later breach of contract or bad faith suit against the insurer. Read More

“Insured Versus Insured” Exclusion Bars Coverage for Suit Brought By Insured Chapter 11 Debtor against Its Insured Ex-Executive
The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the District of Delaware, has ruled that the “insured versus insured” exclusion in a management protection insurance policy barred coverage of a lawsuit brought by an insured corporation – a Chapter 11 debtor – against a former employee, even where the suit had been taken over by a Chapter 11 trustee. Read More

Claims Resolution
Court Confirms Arbitrator’s Award – Including Attorneys’ Fees – in Favor of Insured, Finding that Agreement Did Not Limit Arbitrator’s Power to Consider Equitable Grounds
A federal district court in Massachusetts has confirmed an arbitration award – including attorneys’ fees – in favor of an insured, rejecting the insurer’s argument that the arbitrator had exceeded her powers by resolving the parties’ dispute on equitable grounds that never had been submitted to her. Read More

View All Case Law Developments

Insurance Fraud

Guilty Plea in $100 Million Insurance Fraud
After four days of trial, Jeffrey Brian Cohen, of Reisterstown, Maryland, pleaded guilty to wire fraud, aggravated identity theft, making false statements to an insurance regulator, and obstruction of justice. Read More

In the States
Anthony Albanese Named Acting Superintendent of New York’s Department of Financial Services
An Acting Superintendent has been named to succeed Benjamin M. Lawsky, Superintendent of the New York Department of Financial Services, the New York agency that regulates insurance companies and banks. Read More

View All Legislative/Regulatory Developments
Aviva: Organized Fraud Up 28 Percent as Gangs Continue to Exploit “Cash for Crash” Read More

74 Percent of Risk Professionals May Purchase Cyber Insurance within Two Years, RIMS Survey Shows 
Read More

Penn Mutual Rolls Out New Indexed Universal Life Product Read More

FC&S Legal Publishes “New Jersey Supreme Court Defines ‘Successful Claimant’ Under New Jersey Court Rule 4:42-9(a)(6) for Fee-Shifting in Certain Coverage Actions” 
Read More

Aspen U.S. Insurance Appoints Russell Brown as Senior Vice President and Head of U.S. Distribution Read More

View All Industry News
Athletic or Sports Participants Exclusion


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

View Entire May / June Insurance Coverage Law Report
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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

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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