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TODAY'S TOP DEVELOPMENTS Friday, September 26, 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

Commercial General Liability

What is Lloyd’s? Answering that Question Leads Court to Dismiss DJ Action on Diversity Grounds
A federal district court in the U.S. Virgin Islands has dismissed a declaratory judgment action brought by certain underwriters at Lloyd’s of London after finding that Lloyd’s had failed to demonstrate diversity jurisdiction. Read More

Workers Compensation
Divided Washington Supreme Court Limits Employee’s Asbestos Exposure Claim to Workers’ Compensation
The Washington Supreme Court has ruled, 5-4, that a Boeing Company employee asserting that he had been injured by exposure to asbestos was limited to recovering under the state’s workers’ compensation law where he had not demonstrated that Boeing had actual knowledge that exposure to asbestos was certain to lead to his being injured. Read More

Professional Liability Insurance
False Claims Act Complaint Was a “Prior or Pending” Action Although It Was Filed under Seal and Not Served on Insured until the Middle of the Policy Period
A Pennsylvania court has ruled that a complaint under the federal False Claims Act that was filed against the insured under seal, before the effective date of the insured’s insurance policy, was a “prior or pending litigation” even though the insured was not served with the action and did not learn of it until mid-way through the policy period. Read More

View All Case Law Developments

Automobile Insurance

California’s Pioneering “Uber” Bill Signed into Law by Governor Brown; Establishes Insurance Requirements for Ridesharing Services
California Governor Edmund G. (Jerry) Brown Jr. has signed AB 2293 into law, establishing minimum insurance requirements for ridesharing services (referred to in the law as “Transportation Network Companies” or “TNCs”). 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
Swiss Re Releases Chilling New Report, “The Big One: The East Coast’s USD100 Billion Hurricane” Read More

Robert Underhill Joins Edwards Wildman as Insurance and Reinsurance Partner in New York 
Read More

Insurance Litigator Wendy Enerson Joins Cozen O’Connor from Dentons 
Read More

Oh, Deer! Collisions Are Up This Year, State Farm Reports 
Read More

Life Insurers Reevaluating Their Capital Management Strategies, Towers Watson Survey Shows Read More

View All Industry News
Form Analysis
Business Auto Form


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

View Entire September 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
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

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