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TODAY'S TOP DEVELOPMENTS Friday, September 25, 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
Crash: Sorting Out the Coverage
An appellate court in Ohio, affirming a trial court's decision, has found that there were two accidents, not one, involving multiple cars driving during a snowy night on treacherous roads and that as a result the estate of a deceased driver was entitled to more underinsured motorists benefits than offered by the driver's insurer. Read More

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

Automobile Insurance
Addressing for First Time "Getting Out of" Vehicle, Virginia Supreme Court Finds Coverage for Road Construction Employee Killed at Worksite
In a case of first impression, the Virginia Supreme Court has defined "getting out of" a vehicle and has ruled that a road construction employee had been "getting out of" the dump truck he was operating – and that he also had been "using" an unoccupied pickup truck as a safety vehicle – when two allegedly drunk drivers ran into the pickup truck and a front-end loader at the site and the employee was killed. Read More

Attorney's Fees
Massachusetts Appeals Court Rejects Lawyer's Argument that ALJ Could Not Adjust Legal Expenses Down When Approving Lump Sum Workers' Comp Settlements – and Refers Case to Board of Bar Overseers
An appellate court in Massachusetts has rejected a lawyer's argument that, in considering whether to approve a lump sum worker's compensation settlement agreement under Massachusetts' Workers' Compensation Act injuries to a worker, an administrative judge of the Department of Industrial Accidents or a law judge on the Department's reviewing board was absolutely foreclosed from reviewing the authenticity of the legal expenses and from adjusting those expenses downward. The appellate court also found that the lawyer's appeal was "frivolous and worthy of sanctions" and it referred the case to Board of Bar Overseers. 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

In the States
Maryland Insurance Administration Approves Seven Workers' Comp and Life Insurers
The Maryland Insurance Administration has approved seven new insurance companies to offer workers' compensation and life insurance products in Maryland. Read More

View All Legislative/Regulatory Developments
Cigna Examines How Health Plan Deductibles and Spending Accounts Relate to Consumer Heath Management Read More

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

Former Maryland Insurance Commissioner Therese Goldsmith Joins Hogan Lovells 
Read More

Sun Life Financial to Acquire Assurant's U.S. Employee Benefits Business for $975 Million 
Read More

U.S. Department of Transportation Announces up to $42 Million in Awards for Next Generation Connected Vehicle Technologies 
Read More

View All Industry News
Food Trucks


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

View Entire Septmeber/October 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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