Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Monday, July 27, 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.


Trial Strategy
How to Conduct a Fire Investigation that Withstands an Insurer’s Argument It Was Prejudiced by Late Notice
Local fire departments and insurance investigators typically seek to investigate fires promptly so that they see the evidence in place, process it properly, secure contemporaneous witness statements, and confer with other investigators about possible causes. A decision by the U.S. Court of Appeals for the Eighth Circuit illustrates how they can do so without risking that insurance companies that may later learn of the damage – and of their potential duty to defend and indemnify – will be able to complain that they have been prejudiced. Read More

Environmental Liability

In Case of First Impression, Federal Court Rules that Policy Requiring Insured to Seek Insurer’s Approval Before Environmental Clean-Up Was Not Void Under N.Y. Law
The U.S. District Court for the Southern District of New York, in a case of first impression under New York law, has ruled that an insurance policy that requires an insured party to seek approval from its insurer before expending funds for environmental clean-up was not void as against public policy. Read More

Automobile Insurance
Connecticut Supreme Court Reverses $34.7 Million Judgment in Favor of Auto Body Shops against Insurer for Unfair Labor Rate Practices
The Connecticut Supreme Court has reversed a $34,765,556.27 class action judgment in favor of auto body shops against The Hartford Fire Insurance Company, rejecting contentions that Hartford had committed an unfair trade practice by requiring its staff appraisers to use the hourly labor rates it had agreed to with the auto body shops when appraising auto body damage sustained by its insureds. Read More

Superstorm Sandy
N.Y. District Court Orders Binding Appraisal of Homeowners’ Superstorm Sandy Claim – Including on Issue of Damage Causation
A federal district court in New York has granted an insurance company’s motion to submit a Superstorm Sandy claim filed by homeowners to a binding appraisal – including on the issue of damage causation. Read More

View All Case Law Developments

Superstorm Sandy

New York Senators Urge FEMA to Waive “Duplication of Benefits” Rule for Superstorm Sandy Claimants
U.S. Senators Charles E. Schumer (D-N.Y.) and Kirsten Gillibrand (D-N.Y.) have asked the U.S. Department of Housing and Urban Development and the Federal Emergency Management Agency to forego efforts to claw-back National Flood Insurance Program insurance money among Superstorm Sandy victims who are receiving additional flood insurance payouts from FEMA as part of its review of all Sandy claims. Read More

Federal Actions
Former Fox Rothschild Partner Charged with Insider Trading in Connection with Insurance Company Merger
Herbert Sudfeld, a lawyer who formerly was a partner with Fox Rothschild, has been charged by federal prosecutors with insider trading and making a false statement. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “Eleventh Circuit Denies Coverage for Wrongful Acts of Directors and Officers that Arose Out of Their Allegedly Wrongful Acts as Trustees, an Uninsured Capacity” Read More

Increase Coming in Mesothelioma and Asbestos-Related Insurance Claims, According to Assured Research 
Read More

Blue Cross Blue Shield Offers New Identity Protection Services Read More

The Hartford Names Morris Tooker Chief Underwriting Officer 
Read More

MetLife Introduces QLAC for Qualified Individual Retirement Accounts Read More

View All Industry News
Continuous Trigger Theory versus Manifestation Trigger


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