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TODAY'S TOP DEVELOPMENTS Tuesday, September 22, 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
Superstorm Sandy: N.Y. Federal District Court Rules that Homeowners May Not Sue FEMA under NFIA After Their WYO Flood Insurer Denied Their Claim
The U.S. District Court for the Eastern District of New York has ruled that homeowners may not sue the Federal Emergency Management Agency the "Write Your Own" flood insurance company that had issued a flood insurance policy covering their home had denied their Superstorm Sandy claim. Read More

Attorney's Fees
Virginia Supreme: Judge, Not Jury, Must Decide If Insurer Acted in Bad Faith Before Judge May Award Statutory Attorneys' Fees and Costs
The Virginia Supreme Court, affirming a trial court's decision, has ruled that a trial judge, not a jury, must determine whether an insurer had breached an insurance contract in bad faith before the trial judge may award attorneys' fees and costs to the insured pursuant to Virginia Code § 38.2–209(A). Read More

Automobile Insurance
Montana Supreme: Defense Counsel's "Orchestration of the Photographic Evidence" Undermined Fairness of Trial, Requiring a New Trial
The Montana Supreme Court, reversing a trial court's decision in a negligence action, has ruled that defense counsel's "orchestration of the photographic evidence" had "undermined the fairness of [the] trial to such a degree that a new trial" was "the only remedy." Read More

Fire Insurance
Virginia Supreme: State Law that Tolls the Statute of Limitations for Nonsuited Actions Did Not Apply to Policy's Time Limit for Suing Insurer
The Virginia Supreme Court has ruled that a Virginia law that provided for the tolling of the statute of limitations of nonsuited actions did not apply to the contractual period of limitations for filing an action under a homeowner's fire insurance policy. Read More

View All Case Law Developments

Superstorm Sandy

HUD Says It Will Not Require Payment of "Duplicate" Superstorm Sandy Benefits from Most Homeowners
The U.S. Department of Housing and Urban Development has decided that it will not require thousands of New York and New Jersey homeowners to repay federal disaster recovery funds following a decision by the Federal Emergency Management Agency to increase flood insurance claim payments to families it initially underpaid following Superstorm Sandy. Read More

Superstorm Sandy
14,000 Have Entered FEMA's Superstorm Sandy Review Program
As of September 14, nearly 14,000 flood insurance policyholders have requested reviews of their Superstorm Sandy flood insurance claims by the Federal Emergency Management Agency. Read More

View All Legislative/Regulatory Developments
Athene Holding Appoints William J. Wheeler as President Read More

ACE Announces Future Leadership Team for Business Units and Major Product Lines in North America 
Read More

Kennedys Law Hires Ben Nicholson for its Insurance Group in Singapore 
Read More

Former ACE General Counsel Robert Cusumano Joins Crowell & Moring 
Read More

Former Maryland Insurance Commissioner Therese Goldsmith Joins Hogan Lovells 
Read More

View All Industry News
Damage to Trees and Removal of Debris


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

View Entire Septmeber/October 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

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