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TODAY'S TOP DEVELOPMENTS Friday, October 2, 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
Court Finds Accord and Satisfaction in Superstorm Sandy Case
The U.S. District Court for New Jersey has granted an insurer’s motion for summary judgment in a Superstorm Sandy case, finding that the doctrine of accord and satisfaction barred the insured’s claims where it had deposited a check that the insurer had sent counsel for the insured with letters proposing a settlement. Read More

Attorney's Fees
Maine Federal District Court Orders Insurer to Pay Attorneys’ Fees of Insured and Assignee, Relying on Maine Statute and Common Law – and on Federal D.J. Act
In a declaratory judgment action, a federal district court in Maine has ordered the insurance carrier to pay the attorneys’ fees of the insured and her assignee incurred in the declaratory judgment action and in the underlying litigation brought by the assignee against the insured. In its decision, the district court relied on a Maine fee-shifting statute and Maine common law – and on the federal declaratory judgment act. Read More

Commercial General Liability
Nebraska Supreme: Insurer Not Liable for Defense Costs Where Insured Settled Suit Before Notifying Insurer
The Nebraska Supreme Court has ruled that an insurer was not liable for defense costs where defense of a claim had concluded before the insured had brought the suit to the attention of the insurer and after the parties had entered into a final settlement agreement, reasoning that the “complete lack of an opportunity to engage in the defense” had been “prejudicial to the insurer.” Read More

Automobile Insurance
Insurer May Not Cancel Auto Policy Based on License Suspension Imposed for Underage Alcohol Consumption, Pennsylvania Court Rules
A Pennsylvania court has ruled that Pennsylvania law prohibits an insurance company from cancelling an automobile insurance policy based on a license suspension imposed for underage alcohol consumption. Read More

View All Case Law Developments

Health Insurance

Pennsylvania Insurance Commissioner Says Consumers Will Not Have to Pay Out-of-Network Costs If Insurer’s Provider Directory Is Out-of-Date
Pennsylvania Insurance Commissioner Teresa Miller has said that consumers should not pay higher out-of-network costs if they use a health care provider who is out-of-network but, at the time the service was provided, was listed in his or her insurer’s provider directory as in-network. Read More

N.Y. Assemblyman Seeks National Coalition on Flood Insurance Reform
New York State Assemblyman Phil Goldfeder (D - Rockaway Beach) has written letters to Congressional representatives in Louisiana and Mississippi to request meetings and encourage collaboration on flood insurance reform. Read More

View All Legislative/Regulatory Developments
Aon Identifies Seven Emerging Risk Opportunities for Insurance Growth Read More

One-Third of Small Businesses in America Have Been Hit by Disasters, Data Shows 
Read More

Employer Family Health Premiums Rise Four Percent to $17,545, Kaiser Family Foundation Finds 
Read More

Zurich Supports First Tests of Automated Transport Systems with Self-Driving Buses Across Europe 
Read More

Insurance Recovery Litigator Nicholas A. Thede Joins Ball Janik 
Read More

View All Industry News
Snow Blower as Yard Equipment


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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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