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TODAY'S TOP DEVELOPMENTS Wednesday, October 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.


Trial Strategy
Calculating CAFA's Amount in Controversy in an Insurance Class Action
The decision by the U.S. Supreme Court in Standard Fire Ins. Co. v. Knowles, No. 11-1450 (U.S. March 19, 2013), has changed the focus of insurance cases under the Class Action Fairness Act of 2005 from pre-trial stipulations to calculating the amount in controversy. A recent decision by a federal district court in Arkansas - finding that the amount in controversy was about $92,000 more than the $5 million threshold - illustrates the analysis. Read More

Commercial Property

Claim for "Replacement Cost" Proceeds Survives Insured's Sale of Damaged Property in Its Unrepaired State, Seventh Circuit Rules
The U.S. Court of Appeals for the Seventh Circuit has ruled that a claim for "replacement cost" proceeds under a property insurance policy survived the insured's sale of the damaged property in its unrepaired state. Read More

Claims Resolution
Failing to Timely Pay Insurance Claim Is Not Actionable Under UTPCPL, Court Rules
A federal district court in Pennsylvania has ruled that a policyholder's claim that its insurance carrier did not pay her claim in a timely manner was not actionable under Pennsylvania's Unfair Trade Practices and Consumer Protection Law. Read More

Commercial Auto
Insurer of Hotel's Courtesy Van - Not Injured Woman's Own Carrier - Must First Pay Her No-Fault Benefits
An appellate court in Michigan has ruled that the insurance carrier for a hotel's courtesy van had to pay no-fault benefits to a woman who alleged that she was injured when she exited the van, and that her own insurer was not primarily responsible for the benefits. Read More

View All Case Law Developments

In the States

N.Y. Enacts New Emergency Disaster Protocol for Insurers to Follow During Severe Storms
Almost one year to the day after Superstorm Sandy struck the Northeast, New York's Department of Financial Services has enacted a new emergency disaster protocol for insurance carriers to follow during severe storms. Read More

Insurance Fraud

One Year After Superstorm Sandy, New Jersey Urges Consumers To Remain Vigilant About Insurance Fraud
One year after Superstorm Sandy struck the state, New Jersey Department of Banking and Insurance Commissioner Ken Kobylowski is cautioning consumers to remain vigilant about insurance fraud. Read More

View All Legislative/Regulatory Developments
Chubb CEO John D. Finnegan to Remain at Helm through 2016; Roles of Paul J. Krump, Dino E. Robusto, and Richard G. Spiro to be Realigned Read More

ACLI Elects Its 2014 Chairman and Board of Directors
Read More

Rising Cost of Flood Insurance Will Create Serious Challenges for New York City, Rand Study Finds
Read More

Penn State Settles 26 Sandusky Claims for $59.7 Million, Stating that Payments to Come from Insurance
Read More

Allocation under Management Liability Policies
Read More

View All Industry News

Q & A
Cameras No Longer Business Property


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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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