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TODAY'S TOP DEVELOPMENTS Monday, September 30, 2013

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.


Homeowners Insurance
Appellate Court Affirms Dismissal of "Force-Placed" Insurance Claims against Lender
An appellate court in Texas has affirmed a trial court's decision dismissing a homeowner's "force-placed" insurance claims against his lender, finding that it had acted in accordance with its contractual rights. Read More

Homeowners Insurance

Appellate Court Rejects Insureds' Claim for Interest on Umpire's Appraisal Award
An appellate court in New York has affirmed a trial court's decision that denied the request of two homeowners for interest on $508,304.17, representing the difference between the amount of damages set forth in an umpire's appraisal award and an amount initially paid to them by their homeowners' insurance carrier, ruling that the insurer had paid the amount within the 60 days provided by the policy. Read More

Eye on the Experts
Controlling a U.S. Insurance Company: Key Regulatory Basics That Funds Need To Know
The last few years have seen increasing private fund activity in the insurance sector, including acquisitions of existing carriers as well as start-ups. In this highly regulated sector, an understanding of some of the basic pillars of insurance law - particularly the oversight by regulators of those who control insurers - is essential for playing in this space. Read More

Professional Liability Insurance
With Law in Flux, District Court Finds that Maryland Statute Requiring Actual Prejudice Trumps Policy's Timely Notice Requirement
Another court in Maryland has issued a decision on the applicability of Section 19-110 of the Insurance Article of the Maryland Code. In this case, the court denied an insurer's motion to dismiss a coverage complaint on the ground that the insured had not provided timely notice under the policy, finding that the "actual prejudice" requirement in Maryland insurance law trumped the policy's notice requirement. Read More

View All Case Law Developments

Workers'' Compensation

Maryland's Injured Workers' Insurance Fund Re-Launches as Chesapeake Employers' Insurance Company
Maryland's Injured Workers' Insurance Fund, the state's largest provider of workers' compensation insurance, is re-launching under a new name and corporate structure. Read More

Terrorism Risk Insurance

Senate Committee Chair Seeks Bipartisan Support for TRIA Reauthorization, While Louisiana Official Suggests a State-Run Program
At the Senate Banking, Housing and Urban Affairs Committee hearing, "Reauthorizing TRIA: The State of the Terrorism Risk Insurance Market," Chairman Tim Johnson (D-SD) stated his "hope" that Congress "will be able to find bipartisan consensus for the reauthorization of TRIA well before the program expires at the end of 2014." Read More

View All Legislative/Regulatory Developments
Nationwide's John Carter Is the New Chairman of the Insured Retirement Institute Board; IRI Also Announces New Board Members and Officers Read More

Jaan E. Sidorov of NORCAL Joins PIAA Board of Directors 
Read More

Paul Sharma Leaving Bank of England to Join Alvarez & Marsal 
Read More

Montpelier Re Launches Montpelier Risk Institute 
Read More

When Health and Auto Insurance Collide: Michigan Supreme Court Limits Insured's Right to "Double Recovery" 
Read More

View All Industry News

Unit-Owners Rental to Others HO 17 33 05 11 October, 2013


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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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, Tressler 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 ($795 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 [email protected].

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