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TODAY'S TOP DEVELOPMENTS Monday, July 20, 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.


Insurance Fraud
N.J. Supreme: Civil Defendant in Insurer's Fraud Suit Has Right to Trial by Jury
The New Jersey Supreme Court, reversing an appellate court's decision, has ruled that a civil defendant sued by an insurance company for violating the New Jersey Insurance Fraud Prevention Act has a right to trial by jury. Read More

Superstorm Sandy

Mortgage Holder's Failure to Timely Release Superstorm Sandy Insurance Funds to Insureds Subjects it to Consumer Fraud Act Claim, N.J. Appeals Court Rules
An appellate court in New Jersey, reversing a trial court's decision, has ruled that an insured homeowner could bring an action under the New Jersey Consumer Fraud Act against the holder of his mortgage where it allegedly failed to timely release insurance funds it had received from the homeowner's insurance company following damage to his home caused by Superstorm Sandy. Read More

Fire Insurance
Idaho Supreme: Insured Not Entitled to Prejudgment Interest on Sum Owing for Fire Loss
The Idaho Supreme Court, affirming a lower court's decision, has ruled that an insured was not entitled to an award of prejudgment interest on a sum owing for a fire loss because, under the terms of the insurance policy, payment was not due until the amount of the loss was ascertained by arbitration. Read More

Title Insurance
Washington Supreme Court Asked to Decide Whether Title Insurer Owes Duty of Care to Third Parties in Recording Legal Instruments
The U.S. Court of Appeals for the Ninth Circuit has asked the Washington Supreme Court to decide if a title company owes a duty of care to third parties in the recording of legal instruments. Read More

View All Case Law Developments

Health Insurance

California Department of Managed Health Care Declares 21 Percent Premium Rate Increase by Aetna "Unreasonable"
The California Department of Managed Health Care has declared Aetna's average 12-month premium increase of 21 percent unreasonable. Read More

Martin Wheatley Steps Down as Chief Executive of Financial Conduct Authority
Martin Wheatley, the chief executive of the United Kingdom's Financial Conduct Authority, is stepping down from the position on September 12, 2015. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Litigator Kirk Pasich and Nine Other Attorneys Reportedly Are Leaving Dickstein Shapiro for Liner Read More

AHIP Elects Marilyn Tavenner President and CEO 
Read More

Number of Food Recalls and Costs to Business and Society Are Rising, Swiss Re Report Finds Read More

The Hartford Names Mary Boyd and Casey Campbell to Personal Lines Leadership Roles 
Read More

FC&S Legal Publishes "First Circuit's Revival of Lost Policy Case Demonstrates that Policyholders Should Not Be So Quick to Give Up on Coverage" Read More

View All Industry News
Vehicle Falls off Lift


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

View Entire July/August 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

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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