Problems viewing this email?  Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, September 6, 2017  

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
How One Expert Proved That a Superstorm Sandy-Damaged Home Was a "Basement" for Flood Insurance Purposes
A federal district court in New Jersey has ruled that a garden-level apartment actually was a basement — by .13 inches — for purposes of a standard flood insurance policy issued under the National Flood Insurance Program.  Read More

Environmental Liability
Broad Release That Settled Asbestos Lawsuit Did Not Bar Later Action Over Mesothelioma, N.Y. Appeals Court Rules
An appellate court in New York has ruled that a broad release signed by a plaintiff in settling his asbestos lawsuit did not bar his subsequent lawsuit for damages from mesothelioma.   Read More

Environmental Liability
Seventh Circuit Upholds Bar of Expert's "Cumulative Exposure" Causation Theory in Asbestos Personal Injury Suit
The U.S. Court of Appeals for the Seventh Circuit has ruled that a district court did not err in barring an expert witness from testifying that "cumulative exposure" to asbestos had caused the plaintiff's lung cancer.  Read More

Fifth Circuit, Rejecting New York Rulings, Holds That Asbestos Is a Pollutant Under Texas Law
Deciding an issue that has divided courts across the country, the U.S. Court of Appeals for the Fifth Circuit, applying Texas law, has ruled that asbestos is a pollutant for purposes of an insurance policy's pollution exclusion.   Read More

View All Case Law Developments

Hurricane Harvey

Hurricane Harvey — HB 1774 and the Insurance Claim Process
The Texas Office of Public Insurance Counsel ("OPIC"), an independent agency created by the Texas legislature, has issued a statement regarding the insurance law changes resulting from HB 1774, which took effect on September 1.  Read More

Hurricane Harvey
FEMA Advises Hurricane Harvey Applicants to Beware of Rumors, Misinformation, and Fraud
The Federal Emergency Management Agency is advising Hurricane Harvey disaster survivors, and their friends and family, to be alert for false rumors, scams, identity theft, and fraud.  Read More

View All Legislative/Regulatory Developments
Did Hurricane Harvey Victims Have to File Insurance Claims Before September 1?   Read More

Insurers Association Offers Recovery Advice to Texans Impacted by Hurricane Harvey   
Read More

AIR Worldwide Estimates Industry Insured Losses Resulting from Hurricane Harvey's Winds and Storm Surge   
Read More

Public Adjuster Cites Errors for Insureds to Avoid When Filing Hurricane Harvey Insurance Claims   
Read More

FC&S Legal Publishes "The Impact on Mental Health and Well-Being in Workers Comp"   
Read More

View All Industry News
Risk and Insurance Considerations for Unmanned Aerial Systems


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

View Entire Summer 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, Cope Ehlers, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Norton Rose Fulbright US 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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
Copyright © 2016 ALM Media, LLC. All rights reserved. Privacy Policy
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018