Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, July 15, 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
N.Y. Appeals Court Affirms that $5 Million Flood Sublimit Applied to "All" Superstorm Sandy Losses
An appellate court in New York, in a case of apparent first impression, has affirmed a trial court's decision that a builder's claim under a builders risk insurance policy for delay-in-completion damages following Superstorm Sandy was subject to the policy's flood limits and deductible. Read More

Employee Benefits

U.S. Supreme Court to Decide Whether ERISA Preempts Vermont's Health Care Database Law as Applied to TPA for Self-Funded ERISA Plan
The U.S. Supreme Court has granted certiorari to determine whether the U.S. Court of Appeals for the Second Circuit erred in holding that the Employee Retirement Income Security Act of 1974 preempts Vermont's health care database law requiring a third party administrator for a self-insured health plan governed by ERISA to submit data to the state about claims paid under the plan. Read More

Punitive Damages
Tennessee District Court Permits Insureds' Punitive Damages Claim against Insurer to Proceed
The U.S. District Court for the Western District of Tennessee has ruled that legislation enacted by the Tennessee legislature in 2011 did not prohibit insureds from bringing a punitive damages claim against their insurance company. 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

View All Case Law Developments

In the States

Washington State Also Rejects "Price Optimization"
Washington Insurance Commissioner Mike Kreidler has issued an advisory to property and casualty insurers doing business in the state that they are not allowed to use discriminatory "loyalty penalty" pricing practices. Read More

In the States
Florida Office of Insurance Regulation Approves Removal of Up to an Additional 81,050 Policies from Citizens Property Insurance
The Florida Office of Insurance Regulation has approved the removal of up to 80,000 additional personal residential policies and 1,050 additional commercial residential polices from Citizens Property Insurance Corporation. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "The Filed Rate Doctrine as A Defense to Non-risk Based Pricing Auto Insurance Litigation" in its Flagship Publication, the Insurance Coverage Law Report Read More

ACE Doubles Terrorism, Political Violence, and War Insurance Capacity 
Read More

Aspen U.S. Insurance Appoints Patrick Hickey Head of Marine Read More

XL Catlin and Financial Risk Solutions Offer Contractual Liability Coverage for HVAC Contractors 
Read More

Fosun Completes Acquisition of Meadowbrook Insurance Group Read More

View All Industry News
Insured Property and Coverage under the SFIP


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

View Entire July/August 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

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%%.
Copyright ©2015 Summit Professional Networks, A Division of ALM Media LLC.
All rights reserved.
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018