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TODAY'S TOP DEVELOPMENTS Friday, July 24, 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
Second N.J. Federal District Judge, in Second Superstorm Sandy Case, Applies N.J. Consumer Fraud Act to Insurance Company
A federal district court judge in New Jersey, in a Superstorm Sandy case, has refused to dismiss homeowners' claims against their insurance company under the New Jersey Consumer Fraud Act. This is the second New Jersey district court judge to reach this conclusion this year in a Superstorm Sandy case. Read More

Life Insurance

Handwritten Note Near Dead Man's Body Did Not Change His Life Insurance Beneficiary, Eighth Circuit Holds
The U.S. Court of Appeals for the Eighth Circuit, applying Iowa law and affirming a district court's decision, has ruled that a handwritten note, found near the insured's dead body, was insufficient to effect a change to the beneficiary of his life insurance policy. Read More

Automobile Insurance
Yes, You Can Cross-Examine an Expert in a P.I. Case about the Expert's "Substantial Connection" to the Insurance Industry, Alaska Supreme Court Holds
The Alaska Supreme Court, in a personal injury case resulting from a car accident, has ruled that the trial court had improperly prohibited the plaintiff from cross-examining the defendant's medical expert about his substantial connection to the insurance industry in an effort to prove bias. 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

View All Case Law Developments

Life Insurance

Settlement in Executive Life Insurance Case Ends 16 Years of Litigation
A settlement has been reached with the last remaining defendant in a 16-year-old lawsuit brought by the California Department of Insurance that arose out of the 1991 liquidation of Executive Life Insurance Company. Read More

Superstorm Sandy
Flood Insurance Policyholders Have Until September 15 to Request that FEMA Review Their Superstorm Sandy Claims
The Federal Emergency Management Agency has set a September 15, 2015 deadline for policyholders with Superstorm Sandy claims to begin the intake process by either phoning the call center and speaking to a claims review specialist or downloading the claims review request form from the FEMA website and submitting it via email or by fax. Read More

View All Legislative/Regulatory Developments
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

FC&S Legal Publishes "Financial Buyer Participation in the Insurance Industry: An Update for 2015" 
Read More

FC&S Legal Publishes "Washington Supreme Court Addresses the Meaning of 'Collapse'" Read More

FC&S Legal Publishes "Eleventh Circuit Rules Under Alabama Law that Breach of Warranty Claims Constitute an 'Occurrence' and Coverage is not Barred by a General Liability Policy's Contractual Liability Exclusion" 
Read More

Unusual Weather Patterns, Severe Winter, Drive Estimated Insured Natural Catastrophe Losses of $ 8 Billion in North America in First Half of 2015, Munich Re Study Finds Read More

View All Industry News
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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

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