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TODAY'S TOP DEVELOPMENTS Wednesday, September 24, 2014

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
Court Rejects DHS’ Motion to Dismiss Based on Statute of Limitations
A federal court in New Jersey has refused to dismiss a Superstorm Sandy action against the Department of Homeland Security that was filed by property owners who had submitted a proof of loss within the proof-of-loss deadline even though they filed suit more than a year after the mailing of an initial notice of disallowance where that initial notice of disallowance was not based on a proof of loss. Read More

Automobile Insurance

Jury’s Damages Decision in Liability Phase Was Binding on Insurer in Later Bad Faith Trial, Florida Appeals Court Rules
In a first-party bad faith action brought by an insured against her underinsured motorist carrier, an appellate court in Florida has ruled that the jury’s decision on damages in the liability phase of the case was binding on the insurer in the subsequent bad faith trial. Read More

Commercial General Liability
Fifth Circuit Asks Texas Supreme Court to Decide If “Physical Injury” and “Replacement,” in “Your Product” and “Impaired Property” Exclusions, Are Ambiguous
The U.S. Court of Appeals for the Fifth Circuit has asked the Texas Supreme Court to determine whether the terms “physical injury” and/or “replacement” are ambiguous in the “your product” and “impaired property” exclusions in a commercial general liability insurance policy. Read More

Automobile Insurance
Appeals Court Confirms SUM Coverage for Temporary Substitute Car
An appellate court in New York, affirming a trial court’s decision, has ruled that an automobile insurance carrier was obligated to provide supplementary uninsured/underinsured motorist coverage to a driver injured in a temporary substitute car in the absence of any exclusion. Read More

View All Case Law Developments

Federal Actions

Senate Finance Committee Approves Carolyn Colvin for Social Security Commissioner
The Senate Finance Committee has approved the nomination of Carolyn Watts Colvin to be the commissioner of the Social Security Administration by a 22-2 vote. Read More

Automobile Insurance

Non-Citizen Immigrants to Qualify for California’s Low-Cost Automobile Insurance Program under New Law
Non-citizen immigrants can qualify for California’s Low-Cost Automobile Insurance Program beginning on January 1, 2015 under legislation that has been signed into law by Governor Edmund G. (Jerry) Brown Jr. Read More

View All Legislative/Regulatory Developments
NAMIC Honors John Hill of Magna Carta Companies for Leadership and Service Read More

FC&S Legal Publishes “Under the Right Circumstances, an Insured Entitled to ‘Independent Counsel’ in California Can Retain More Than One Firm” 
Read More

Swiss Re Releases Chilling New Report, “The Big One: The East Coast’s USD100 Billion Hurricane” 
Read More

SquareTrade Study Shows Damaged iPhones Cost Americans $10.7 Billion 
Read More

Fireman’s Fund Commercial P&C Business to Become Part of Allianz Global Corporate & Specialty Read More

View All Industry News
Form Analysis
Business Auto Definitions


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

View Entire September 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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
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
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

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