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TODAY'S TOP DEVELOPMENTS Friday October 10, 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
Insurer Could Not Rely on NFIP Rules Where Policy Did Not "Expressly State" that They Applied
A federal district court in New York has ruled that an insurance company that participated in the National Flood Insurance Program as a Write Your Own company could not rely on NFIP rules to interpret the policy where it had not informed the insured – an attorney – that they applied, and where it had waived a provision of the law otherwise applicable to the policy. Read More

Automobile Insurance

Arizona Supreme Court Holds that Default Judgment Against Insureds Did Not Preclude Litigation of Whether Coverage Exists Under Their Policy
The Arizona Supreme Court, in response to a question certified to it by the U.S. Court of Appeals for the Ninth Circuit, has ruled that a default judgment against insured-defendants entered pursuant to an agreement that stipulated facts determinative of both liability and coverage did not preclude litigation of whether coverage existed under the policy – but that the insurer in the coverage action could not, "in the guise of a coverage defense," litigate what were "essentially and solely liability issues resolved by the default judgment." Read More

Life Insurance
No Benefits to Widow Where Life Policy Was Canceled While Husband Was on a Special Conflict Military Leave of Absence from His Employer, Court Rules
A federal district court in New Jersey has upheld an employee benefit plan administrator's decision that a widow was not entitled to receive life insurance benefits following her husband's death where the policy had been cancelled for nonpayment of premiums while he was on a special conflict military leave of absence from his employer. Read More

Crime and Employee Dishonesty
Court Applies Coverage Limit on Per-Policy Basis, Rather than Singly over Entire Course of One Occurrence Spanning Multiple Policy Renewals
A federal district court in New York has ruled that coverage limitations in a series of insurance policies that had been renewed had to be applied on a per-contract basis, rather than singly over the entire course of one occurrence spanning multiple policy periods and renewals. Read More

View All Case Law Developments

Federal Actions

MetLife Challenges SIFI Designation
MetLife, Inc., is challenging the decision by the Financial Stability Oversight Council that preliminarily designated it as a non-bank systemically important financial institution. Read More

In the States

New California Law Allows Consumers to Designate a Contact to Receive Lapse and Missed Payment Notices
Assembly Bill 1804, which has been signed into law by California Governor Edmund G. (Jerry) Brown Jr., allows consumers to designate a third party as their back-up contact to receive notification from their insurance carrier if a consumer's policy is in danger of lapsing, expiring, or being terminated or cancelled due to nonpayment of premium. Read More

View All Legislative/Regulatory Developments
Bauknight, Pietras & Stormer Partner Bryan Hudson Named South Carolina Captive Insurance Association's Captive Person of the Year Read More

USAA Petitions FAA to Test Unmanned Aircraft Systems 
Read More

Validus Holdings Completes Acquisition of Western World Insurance 
Read More

Walmart Drops Health Insurance Coverage for 30,000 Part-Time Employees 
Read More

Stolen IDs Being Used to Steal Cars, National Insurance Crime Bureau Finds Read More

View All Industry News
Late Estimate and Fair Rental Value


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View Entire October/November 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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