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TODAY'S TOP DEVELOPMENTS Friday, June 26, 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
Absence of Evidence that Wind, Not Water, Caused Superstorm Sandy Damage Dooms Condo Association's Breach of Contract Claim Against Insurer
A federal district court in New Jersey has granted an insurance company's summary judgment motion in a Superstorm Sandy case, ruling that a condo association had not presented evidence demonstrating that damage to the condo had been caused by wind rather than by water, which was excluded by its commercial property insurance policy. Read More


West Virginia Supreme: Insurer's Subrogation Action Against Alleged Tortfeasors Was Not Barred By Its Failure to Provide Prior Notice of Settlements
The Supreme Court of Appeals of West Virginia, reversing a trial court's decision, has ruled that an insurance company's subrogation action for "implied indemnification" against alleged tortfeasors was not barred by its failure to have provided prior notice to the alleged tortfeasors of settlements it made with its insured and an allegedly injured third party. Read More

Automobile Insurance
Insured Who Had Not Suffered Bodily Injury Could Not Recover UIM Benefits, Minnesota Appeals Court Decides in Case of First Impression
In a case of first impression in the state, an appellate court in Minnesota has ruled that an automobile insurance policy that limited underinsured motorist coverage to bodily injury sustained by an insured complied with the Minnesota No-Fault Automobile Insurance Act, and that an auto policy did not have to provide UIM benefits to an insured who had not suffered bodily injury. Read More

No Coverage of Claim for Injury Allegedly Caused by Exposure to Mold, Mildew, and Fungi Even if Injury Had Been Caused by "Other Microorganisms and/or Toxic Airborne Pathogens"
The U.S. District Court for the Northern District of Illinois has ruled that an exclusion in an insurance policy for losses attributable to "fungi" and "bacteria" barred coverage of a claim that apartment residents had been injured by "constant exposure" to "mold, mildew, fungi and other microorganisms and/or toxic airborne pathogens." Read More

View All Case Law Developments

Life Insurance

"Reverse Life Insurance" Investment Scam Leads to 10 Year Federal Prison Sentence
The founder and chief executive officer of a firm that solicited more than $5 million from victims who thought they were investing in "reverse life insurance" policies has been sentenced to 121 months in prison. Read More

Automobile Insurance
Lyft Settles Insurance Dispute with New York Regulators
New York regulators have agreed to the terms of a consent order and judgment with Lyft, a company that provides for-hire livery services where the company, among other things, dispatches cars through a phone app. The consent order, which resolves an action filed against Lyft in July 2014, requires Lyft to pay $300,000 in penalties for alleged violations of New York state and municipal laws — one of the largest penalties enacted against a "sharing economy" company to date. Lyft also agreed that it will comply with the relevant provisions of the New York Insurance Law. Read More

View All Legislative/Regulatory Developments
Seven in 10 Insurers Are Unprepared for Potential Disruption Caused by Autonomous Vehicles, KPMG Survey Finds  Read More

David L. Elkind Joins Lowenstein Sandler's Insurance Recovery Group in Washington, D.C. 
Read More

NICB: As Vehicle Thefts Decline, Thieves Target Components  Read More

Reinsurance Association of America Releases Reinsurance Underwriting Review 
Read More

FAA Grants Section 333 Exemption to Property Drone Consortium Read More

View All Industry News
Equitable Subrogation Discussion


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

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