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TODAY'S TOP DEVELOPMENTS Monday, August 3, 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
Insurer’s Letter in Response to Superstorm Sandy Claim Was Ambiguous for Statute of Limitations Purposes, N.J. District Court Holds
A federal district court in New Jersey has ruled that a letter sent by an insurance company to homeowners in connection with their Superstorm Sandy damages claim was not an unambiguous formal denial so as to permit the policy’s one year statute of limitations to resume running. Read More


Cause of Action for Alleged Damage to Iris Apfel’s Clothing Accrued When Cleaner Finished Its Work, Not Months Later When She Retrieved Her Garments, District Court Decides
The U.S. District Court for the Southern District of New York has dismissed an insurance company’s subrogation action against the company that cleaned clothing owned by Iris Apfel that had been damaged by a water leak, finding that the insurer’s subrogation action began to accrue when the cleaner’s work had been completed, and not months later when Ms. Apfel had retrieved her garments, and that its complaint was barred by the statute of limitations. Read More

Environmental Liability
Absolute Pollution Exclusion Barred Coverage of Neighbors’ Claim Over Dairy’s “Noxious Odors,” Minnesota Appeals Court Rules
An appellate court in Minnesota, affirming a trial court’s decision, has ruled that absolute pollution exclusions in a dairy’s insurance policies were unambiguous and excluded coverage of claims by neighbors that “invasive, offensive, and noxious odors” interfered with the enjoyment of their properties. Read More

Attorney's Fees
Tenth Circuit Affirms Order Requiring Insureds to Pay Insurer $78,642 in Attorneys’ Fees after They Failed to Respond to Insurer’s Unapportioned Offer of Judgment
The U.S. Court of Appeals for the Tenth Circuit has upheld a district court order requiring two insureds to pay their insurance company over $78,000 in attorneys’ fees and costs after they failed to respond to an offer of judgment and the district court awarded the insurer summary judgment – even though the insurer had not apportioned its offer between the insureds. Read More

View All Case Law Developments

In the States

Indiana Insurance Commissioner Warns Personal Lines Insurers About Price Optimization
Indiana Insurance Commissioner Stephen Robertson has issued a bulletin to all personal lines insurers doing business in Indiana to alert them to the department’s position “that the use of price optimization in establishing rates is not permitted.” Read More

Insurer Insolvency
South Carolina Insurance Director Proposes Rehabilitation Plan for Multiple Employer Self-Insured Health Plan
South Carolina Insurance Director Raymond F. Farmer, as rehabilitator of the South Carolina Health Cooperative Welfare Benefit Plan, a multiple employer self-insured health plan, has proposed and filed a rehabilitation plan for the health plan with the receivership court. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes “Droning on About Risk: The Potential Difficulties of Insuring Remotely Piloted Aircraft Systems” Read More

Ironshore Personal Lines Offers New Umbrella Coverage for High Value Homeowners 
Read More

Ida Luka-Lognoné Becomes CEO of Allianz Worldwide Care Read More

AIA Names Wes McClelland Vice President for Federal Affairs 
Read More

Zurich Evaluates a Potential Offer for RSA Insurance Group Read More

View All Industry News
Explosion, Collapse, and Underground Exclusions


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

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