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TODAY'S TOP DEVELOPMENTS Friday, July 11, 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
In Case of Apparent First Impression, New York Trial Court Finds that Delay-in-Completion Losses Were Subject to Policy's Flood Limits
A trial court in New York, in a case of apparent first impression, has ruled that a builder's claim for delay-in-completion damages following Superstorm Sandy was subject to the policy's flood limits and deductible. Read More

Case Study
Calculating Interest Payable by an Insurer on an Excess Judgment in a Bifurcated Personal Injury Action
A recent decision by a New York trial court illustrates how to calculate the interest payable by an insurance carrier to the plaintiff in an underlying personal injury action that had been bifurcated as to liability and damages, and that resulted in an excess judgment against the insured. Read More

Health Insurance
Louisiana Supreme: Insured May Bring Action against Her Health Care Insurer under Balance Billing Act
The Louisiana Supreme Court has ruled that an insured could bring an action directly against her health care insurer for allegedly violating Louisiana's Health Care and Consumer Billing and Disclosure Protection Act. Read More

Commercial General Liability
Papa John's Loses Bid for Coverage of Suit Alleging Text Messages Violated TCPA
A federal district court in Kentucky has ruled that a violation-of-statutes exclusion in commercial general liability insurance policies barred coverage of a class action lawsuit alleging that Papa John's International, Inc., and Papa John's USA, Inc., had unlawfully sent text messages to cell phones. Read More

View All Case Law Developments

Employee Benefits
PBGC Report Underscores Increased Risks to Multiemployer Pension Plans Covering 1.5 Million People
Multiemployer pension plans covering about 1.5 million people are severely underfunded, threatening benefit cuts for current and future retirees, according to the FY 2013 Projections Report released by the Pension Benefit Guaranty Corporation. Read More

In the States
Uber Agrees to Cap Pricing During Emergencies and Natural Disasters
Uber has reached an agreement with the New York Attorney General's office to limit prices during "abnormal disruptions of the market" - typically, emergencies and natural disasters - consistent with New York's price gouging statute. Uber is expected to announce a national policy to limit pricing in emergencies that is based on this agreement. Read More

View All Legislative/Regulatory Developments
Insurance Attorney Maria Louise Cousineau Joins Cozen O'Connor as a Partner Read More

Alexander R. Cochran Becomes a Partner at Debevoise Read More

Senior Legal Counsel Darcie A. Falsioni Joins Nixon Peabody from Independent Health Association Read More

Forrest E. Mills, Jr., of Guaranty Income Life Insurance Company Is Elected IASA President Read More

Law Firm Insurers See Rise in Malpractice Claims Above $50 Million, Ames & Gough Survey Shows Read More

View All Industry News
Q & A
Utility Company Power Failure on Premises

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
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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 [email protected].
FC&S Legal: The Insurance Coverage Law Information Center
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