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TODAY'S TOP DEVELOPMENTS Friday, June 19, 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

Additional Language in “Rejection of Underinsured Motorist Protection Form” Did Not Invalidate Insured’s Waiver, Third Circuit Affirms
The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the Eastern District of Pennsylvania, has ruled that a “Rejection of Underinsured Motorist Protection Form” signed by an insured was not invalid where it contained language in addition to the statutorily-required text. Read More

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

Commercial Lines
Kansas Supreme: High School Activities Association’s Policy Covered Injury to Student Traveling to Soccer Match in Friend’s Truck
The Supreme Court of Kansas, reversing a Kansas court of appeals decision, has ruled that an insurance policy issued to the Kanas State High School Activities Association provided coverage for catastrophic personal injuries suffered by a 10th grade student traveling to a soccer match in a friend’s pickup truck. 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

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

View All Legislative/Regulatory Developments
74 Percent of Risk Professionals May Purchase Cyber Insurance within Two Years, RIMS Survey Shows Read More

Aviva: Organized Fraud Up 28 Percent as Gangs Continue to Exploit “Cash for Crash” 
Read More

Lloyd’s Report Highlights Vulnerability of Global Food System and Implications for Insurers Read More

Tokio Marine Holdings to Acquire HCC Insurance Holdings in $7.5 Billion Transaction 
Read More

Ironshore Establishes Chinese Investment Practice Group Read More

View All Industry News
Form Analysis
Motorized Snowmobiles Form


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

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