Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, June 25, 2014

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 Flood Insurance Proceeds Found Payable to Landlord Rather than Restaurant that Had Entered Bankruptcy, Based on Parties' Lease
A bankruptcy court in New Jersey has ruled that a flood insurance payment for contents of a restaurant damaged by Superstorm Sandy was payable to the landlord rather than to the restaurant, which had entered bankruptcy, because, under the parties' lease, the landlord had an insurable interest in the proceeds. Read More

Commercial General Liability

Parallel Actions? Federal Court Finds that Colorado River Abstention in DJ Action Was Not Warranted
A direct action in a federal district court in Louisiana against a number of insurance carriers was not "parallel" to a state court liability action filed by the same plaintiff against their alleged insured, but to which the insurers were not parties, the federal court has ruled. Accordingly, it determined that abstention was "unwarranted." Read More

Homeowners Insurance
Appeals Court Finds Home Was "Unoccupied," Even if It May Not Have Been "Vacant," Dooming Foreclosing Bank's Coverage Claim
An appellate court in Massachusetts, affirming a trial court's decision, has ruled that a home had been "unoccupied" at the time of a loss and that, as a result, there was no coverage for the resulting claim. Read More

Eye on the Experts
Washington Court Holds Stipulated Covenant Judgment Sets Minimum Amount of Damages in Bad Faith Case
A recent Court of Appeals of Washington State decision affirmed a jury verdict awarding $13 million in damages to a passenger injured in a car accident, finding that the $4.15 million agreed amount of the covenant judgment in the insurance bad faith case sets a floor, not a ceiling, on the damages a jury can award. Read More

View All Case Law Developments

In the States

New Law Prohibits Florida Insurers from Discriminating against Gun Owners
A new Florida law prohibits personal lines property or automobile insurance carriers from discriminating on the basis of gun ownership. Read More

Automobile Insurance

Nevada's Insurance Department Warns that Insurance Issues Surround Ride-Sharing Companies
With ride-sharing technology services gaining popularity across the country, the Nevada Division of Insurance has issued a statement to inform Nevada consumers that such for-profit ride-sharing arrangements "can put them at risk of being uninsured" because, when consumers use their own private passenger automobiles to transport individuals for a fee, "they risk driving without proper insurance." Read More

View All Legislative/Regulatory Developments
Bob Deutsch to Join Hamilton Insurance as Chief Strategy Officer Read More

Liberty Mutual Adds Data Compromise Coverage to its Insurance Agents Errors and Omissions Program 
Read More

Poor Road Conditions Cost Consumers and the Insurance Industry $27 Billion, Survey Shows 
Read More

New Kaiser Survey of People with Non-Group Insurance Finds Nearly Six in Ten People Enrolled in Marketplace Plans Were Previously Uninsured 
Read More

XL Group Creates Cyber and Technology Risk Business Unit, Led by John Coletti Read More

View All Industry News
Increased SEC Enforcement Activities


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

View Entire July 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
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, Rivkin Radler 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

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%%.
©2014 Summit Professional Networks, All rights reserved. Privacy Policy
5081 Olympic Blvd
Erlanger, KY 41018