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TODAY'S TOP DEVELOPMENTS Friday, August 21, 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

Homeowners Insurance

Court Rejects Insurer’s Request to “Setoff” Payments Insureds Received from Third Parties Against Amounts Payable Under Their Insurance Policy
A federal district court in Wisconsin has ruled that a homeowner’s insurance company could not “setoff” the amounts its insureds received from third parties who had sold them their home against amounts due under the policy for damages to the home. Read More

Employee Benefits
Eighth Circuit Joins Four Other Circuits in Rejecting ERISA Plan’s Coverage Suit Against Non-ERISA Insurers
The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the District of Minnesota, has ruled that a health and welfare plan governed by the Employee Retirement Income Security Act of 1974 could not bring an action against non-ERISA insurance companies to determine who had primary responsibility to cover medical expenses incurred by their common insureds. The Eighth Circuit is the fifth federal circuit court of appeals to reach this conclusion in cases involving the same plan. Read More

Eighth Circuit Distinguishes Between “Express” and “Implied” Permission to Find Coverage for 12 Year Old’s Fatal ATV Accident
The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the District of Minnesota, has ruled that an exclusion for a person operating an all-terrain vehicle with an insured’s “express permission” did not apply where a 12 year old girl’s father and grandfather only had given the girl tacit permission to operate the ATV before it was involved in a fatal accident. Read More

View All Case Law Developments

Superstorm Sandy

N.Y. Governor Cuomo Requests Federal Waiver for Superstorm Sandy Homeowners Set to Receive FEMA Settlements
New York Governor Andrew M. Cuomo has asked that U.S. Housing and Urban Development Secretary Julián Castro use his executive discretion to waive the “duplications of benefits” regulation for homeowners affected by Superstorm Sandy. 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 “Fifth Circuit Holds That Insured Versus Insured Exclusion Does Not Bar Coverage For All Suits Between Insureds” 
Read More

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

FC&S Legal Publishes “Facilitating Deal-Making Through the Use of Representation and Warranty Insurance” 
Read More

FC&S Legal Publishes “New York Enacts Regulatory Safe Harbor for Group Life and Group A&H Insurance Sales to Multinational Clients Covering Non-U.S. Employee” Read More

View All Industry News
Settling Multiple Claims against One Insured

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

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