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TODAY'S TOP DEVELOPMENTS Wednesday, August 19, 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
New York District Court Rules that Water Damage Exclusion, and Policy’s Anti-Concurrent Causation Clause, Barred Coverage for Superstorm Sandy Damage to Home
A federal district court in New York, applying New York law, has ruled that a water damage exclusion in a homeowner’s insurance policy, together with the policy’s anti-concurrent causation clause, barred coverage of the homeowner’s claim that his home had been damaged when wind blew a dock into his house during Superstorm Sandy. Read More

Automobile Insurance

Whether Driver, After His Wife’s Death, Was Intentionally Attempting Suicide When His Car Struck Dump Truck Was a Jury Question, Wisconsin Appeals Court Decides
An appellate court in Wisconsin, affirming a trial court’s decision, has ruled that a jury had to decide whether a driver, whose wife had recently died, was intentionally attempting suicide when his car crossed the center line and collided with a dump truck. Read More

Automobile Insurance
Statutory Obligation of Insurer to Provide UM Coverage in Standard Auto Policy Was Not Diminished by Legislature’s Creation of Basic Auto Policy, N.J. Appeals Court Holds
An appellate court in New Jersey, reversing a trial court’s decision, has ruled that the statutory obligation of an insurance carrier to provide uninsured motorist coverage in standard automobile insurance policies was not diminished or eliminated by the legislature’s creation of the basic automobile insurance policy. Read More

Eye on the Experts
Fifth Circuit Holds That Insured Versus Insured Exclusion Does Not Bar Coverage For All Suits Between Insureds
This Eye on the Experts article discusses a recent ruling by the U.S. Court of Appeals for the Fifth Circuit that a claim brought by one insured against another insured is not barred by an “insured versus insured” exclusion where the claim is not for “property damage,” but for indemnity arising from a third party’s claim for “property damage.” Read More

View All Case Law Developments

In the States

NAIC Signs MOU with Bermuda
The president of the National Association of Insurance Commissioners, Monica J. Lindeen, has signed a memorandum of understanding with Jeremy Cox, the chief executive officer of the Bermuda Monetary Authority. Read More

Insurance Fraud
Two Year Insurance Fraud Investigation in Florida Leads to Charges Against Nearly a Dozen People
Nearly a dozen people have been charged for their alleged roles in what prosecutors have characterized as a “large-scale” personal injury protection fraud scheme spanning across Central Florida. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes First Installment of “2015 Excess and Surplus Lines Laws in the United States Manual” Read More

FC&S Legal Publishes “Texas Supreme Court Decides that PRP Letters Issued by EPA under CERCLA Constitute a ‘Suit’” 
Read More

U.S. on Pace for Deadliest Driving Year Since 2007, According to National Safety Council Read More

Grange Insurance Promotes Theresa Mason to Grange Life President 
Read More

Workers’ Compensation Attorney Ana-Eliza T. Bauersachs Named Shareholder at Capehart Scatchard Read More

View All Industry News
Water Exclusion Clause


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

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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

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