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TODAY'S TOP DEVELOPMENTS Friday, June 27, 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.


Trial Strategy
How Making a Nominal Settlement Offer Can Create the Ability to Obtain Attorney's Fees
Can a nominal settlement offer by an insurer to a policyholder be an offer made in good faith? A recent decision by an appellate court in Florida sets forth the standard that an insurance company must meet in these circumstances to be able to subsequently recover its attorney's fees. Read More

Automobile Insurance

Despite $100,000 Typo in Insurer's E-mail Offer, Court Enforces Settlement
A federal district court in Kansas has enforced a settlement agreement between an insurance company and an injured woman with a claim against its policyholder although the insurer's e-mail offer of settlement contained a $100,000 typo and the erroneous offer exceeded the authority of the adjuster who sent it. Read More

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

View All Case Law Developments

Federal Actions

House Financial Services Committee Approves TRIA and FSOC Legislation
The House Financial Services Committee has approved legislation to reform the Terrorism Risk Insurance Act and legislation governing the Financial Stability Oversight Council. 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
Insurance Coverage Litigator David Schack Joins Barnes & Thornburg's Los Angeles Office Read More

Policyholder Attorney Mark D. Villanueva Named Partner at McCarter & English 
Read More

Adelson, Testan, Brundo, Novell & Jimenez Appoints Workers' Comp Lawyer Marc Middleton as Managing Attorney of Omaha Office 
Read More

Auto Insurance Satisfaction Reaches All-Time High, J.D. Power Report Says 
Read More

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

View All Industry News
Tenant Relatives are Not Insureds


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

View Entire July 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
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

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