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TODAY'S TOP DEVELOPMENTS Tuesday, September 6, 2016  

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
Second Circuit Limits Amtrak’s Superstorm Sandy Flood Coverage to $125 Million – Not the $675 Million Amtrak Sought
The U.S. Court of Appeals for the Second Circuit, substantially affirming a decision by the U.S. District Court for the Southern District of New York, has ruled that insurance coverage for Amtrak’s Superstorm Sandy flood damages was limited to $125 million – and that the limit applied to damage to Amtrak’s equipment that resulted after Amtrak had pumped seawater out its tunnels.  Read More

Mudslide Exclusion Precluded Coverage for Destroyed Building, Tenth Circuit Rules
The U.S. Court of Appeals for the Tenth Circuit, affirming a decision by the U.S. District Court for the District of Colorado, has ruled that there was no insurance coverage for a building destroyed by a mudslide and has rejected the insured’s contention that the mudslide had caused the building to explode within the meaning of an exception to the mudslide exclusion. Read More

Life Insurance
N.Y. Appeals Court Upholds Constructive Trust on Proceeds of Deceased Father’s Life Insurance Policies to Meet His Child Support and Educational Expense Obligations
An appellate court in New York has affirmed a trial court’s decision imposing a constructive trust on proceeds of life insurance policies on a deceased father’s life in an amount necessary to meet his support and educational expense obligations – but less than the amount of life insurance previously required by a divorce court. Read More

Automobile Insurance
Michigan Appeals Court Rules in Another Case That “Innocent Third-Party Rule” Did Not Bar Insurer’s Fraud Defense
An appellate court in Michigan has ruled that the “innocent third-party rule” was no longer effective in the state and, therefore, that it did not bar an insurance company’s claim of fraud as a defense to an insurance contract. Read More

View All Case Law Developments

Federal Actions

Hospital Group Reaches $2.95 Million Settlement for Delaying Repayment of Medicaid Funds
A $2,950,000 settlement has been reached in a civil fraud lawsuit against Beth Israel Medical Center d/b/a Mount Sinai Beth Israel, St. Luke’s-Roosevelt Hospital Center d/b/a Mount Sinai St. Luke’s and Mount Sinai Roosevelt, and Continuum Health Partners, Inc., alleging that they willfully delayed repayment of over $800,000 in Medicaid overpayments. Read More

Federal Actions
FAA’s New Drone Rules Are Now Effective
The Federal Aviation Administration’s new regulations for routine non-recreational use of small unmanned aircraft systems – more commonly known as “drones” – are now in effect. Read More

View All Legislative/Regulatory Developments
The Standard Launches New Dental Product  Read More

Sompo Canopius Launches U.S. Ocean Marine Business  
Read More

Thomas Gayner and Richard Whitt Join Markel’s Board; Michael Crowley Appointed Vice Chair  
Read More

Christopher Sparro Joins Endurance as CEO of US Insurance  
Read More

NICB Estimates 100,000 Insured Vehicles Flooded in Louisiana  
Read More

View All Industry News
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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, Cope Ehlers, 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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