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TODAY'S TOP DEVELOPMENTS Tuesday, October 27, 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
Fifth Circuit: Insurer Had No Duty to Make Settlement Offer Absent Settlement Offer by Third-Party Claimant
The U.S. Court of Appeals for the Fifth Circuit, affirming a decision by the U.S. District Court for the Southern District of Mississippi, has ruled that, under applicable Mississippi law, an insurer did not have a duty to timely offer to settle a third-party claim in which the claim amount greatly exceeded the policy limits in the absence of a settlement offer by the third-party claimant. Read More

Homeowners Insurance
Exclusion Barred Coverage for Damage Allegedly Caused by Toxic Substances in Flood Waters, Appeals Court Rules in Superstorm Sandy Case
An appellate court in New Jersey, affirming a trial court's decision in a Superstorm Sandy case, has ruled that property loss caused by flood damage for purposes of a flood exclusion in a homeowners insurance policy included "not only the damage caused by the water," but also "the damage caused by the toxic substances carried by the flood waters and left behind after that water recede[d]." Read More

Life Insurance
Posner on Stranger-Originated Life Insurance
The U.S. Court of Appeals for the Seventh Circuit, in a decision written by Judge Richard A. Posner, has affirmed a $726,000 award in favor of an insurance company — that included its attorneys' fees — in a case involving the insurer's challenge to so-called "stranger-originated life insurance." Read More

Environmental Liability
Same Phrase Appearing Twice in One Policy Should Be Interpreted the Same Way, Second Circuit Declares
The U.S. Court of Appeals for the Second Circuit, affirming a decision by the U.S. District Court for the Southern District of New York, has ruled that a phrase in an exception to an exclusion had to be interpreted the same way when it appeared in an endorsement that applied a sublimit to the exception. Read More

View All Case Law Developments

Superstorm Sandy

FEMA Paid $250 Million in Duplicate Benefits to Superstorm Sandy Applicants, Report Says
The Department of Homeland Security's Office of Inspector General has issued an audit report that found that the Federal Emergency Management Agency paid approximately $250 million in disaster assistance to more than 29,000 Superstorm Sandy applicants who may have received duplicate benefits from their private insurers. Read More

Health Insurance
Revamped Obamacare Website Is Up and Running for 2016
The website for the Affordable Care Act now is operating to permit individuals to determine how much insurance coverage will cost on the federal exchange used by 38 states when enrollment for 2016 plans begins on November 1. Read More

View All Legislative/Regulatory Developments
Autonomous Vehicles Could Shrink U.S. Personal Auto Insurance Sector by 60 Percent, KPMG Report Says  Read More

New Hands-Free Technologies Pose Hidden Dangers for Drivers, Report Says  
Read More

Erie Insurance President and CEO Terry Cavanaugh to Retire  
Read More

Centene's Shareholders Approve $6.8 Billion Merger with Health Net  
Read More

In One Chart: Every Billion-Dollar U.S. Weather Disaster Since 1980  
Read More

View All Industry News
Forms Analysis
MSO Mandatory Endorsements Fracking Exclusions


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

View Entire Septmeber/October 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
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

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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