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TODAY'S TOP DEVELOPMENTS Friday, August 28, 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.


Automobile Insurance
It's Time for Pennsylvania's Top Court to Determine Whether the Economic Loss Doctrine Bars First Party Claims under Pennsylvania's UTPCPL
Another federal district court in Pennsylvania has been asked to decide whether the economic loss doctrine barred first party claims under Pennsylvania's Unfair Trade Practices and Consumer Protection Law. This court decided that it did — but numerous other federal, and lower Pennsylvania, courts have reached the opposite conclusion. It is time for the Pennsylvania Supreme Court to resolve the issue. Read More

Superstorm Sandy

N.J. Federal Court Dismisses Insured's Demand for Attorney's Fees in First-Party Superstorm Sandy Case in Absence of Bad Faith Allegations
In a Superstorm Sandy coverage case, the U.S. District Court for the District of New Jersey has granted the insurer's motion to dismiss the insured's request for attorney's fees, explaining that New Jersey law did not permit attorney's fees to be awarded in a first-party action in the absence of allegations of bad faith. Read More

Homeowners Insurance
N.J. Supreme: Underlying Plaintiffs May Not Bring Bad Faith Claim Against Defendant's Insurers In Absence of Assignment of Rights or Evidence They Were Third-Party Beneficiaries of Policies
The New Jersey Supreme Court has ruled that plaintiffs who sued their neighbors over an alleged home heating oil leak from an underground storage tank may not assert a bad faith claim against the insurance carriers for one of the defendants absent an assignment of rights from the defendant to the plaintiffs or evidence that the defendant and her insurers had agreed to confer on the plaintiffs the status of third-party beneficiaries to their insurance contracts. Read More

Automobile Insurance
Seventh Circuit: "This case provides a warning for insurance companies who refuse to defend their insureds"
After beginning its decision by stating, "This case provides a warning for insurance companies who refuse to defend their insureds," the U.S. Court of Appeals for the Seventh Circuit affirmed a decision by the U.S. District Court for the Northern District of Illinois that an insurance company that had not defended its insureds in an underlying action under a reservation of rights and that had not sought a declaratory judgment was estopped from raising policy-coverage defenses. Read More

View All Case Law Developments

Superstorm Sandy

FEMA Says that First Payments Are Going to NFIP Policyholders as Part of Superstorm Sandy Claim Review
The Federal Emergency Management Agency has announced that the first payments are being made to policyholders taking part in its Superstorm Sandy claim review process Read More

NAIC Releases Draft Consumer Bill of Rights, Coordinates Insurer Examinations to Verify Data Security, and Sponsors Cybersecurity Forum
The National Association of Insurance Commissioners is moving forward with three additional initiatives designed to help protect consumer information and educate the public about cyber risks. Read More

View All Legislative/Regulatory Developments
Lloyd's Finds California Central Valley Vulnerable to $24 Billion in Flood Damage, Despite Drought Read More

$470 Billion in Insurance Premiums Up for Grabs Due to Declining Customer Loyalty and Perceived Product Commoditization, Accenture Reports 
Read More

Global Catastrophes Caused Economic Losses of $37 Billion in First Half of 2015, Swiss Re Estimates Read More

CDC Cites Continuing Drop in Number of People without Health Insurance 
Read More

Drone Testing at American Family Insurance to Take Flight with FAA Approval Read More

View All Industry News
Wind Driven Rain


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

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

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