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TODAY'S TOP DEVELOPMENTS Friday, November 1, 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.


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

Automobile Insurance

Michigan Insurer Is Subject to Florida Jurisdiction in Bad Faith Case, Appeals Court Decides in Reversing Trial Court
Reversing a trial court's decision, a Florida appellate court has ruled that a Michigan auto insurer that only issued policies to Michigan drivers was subject to Florida's long arm law in a bad faith case. The appellate court distinguished a Florida Supreme Court decision reaching a different result in a case involving personal injury protection benefits. Read More

Directors & Officers
First Circuit Confirms Breadth of "Known Circumstances" Exclusion
The U.S. Court of Appeals for the First Circuit has affirmed a district court's decision that a directors and officers policy’s "Known Circumstances Exclusion" barred coverage for losses suffered by an insured school in a lawsuit over a $500,000 gift. Read More

Homeowners Insurance
Court Dismisses Homeowners' Force-Place Insurance Claims under RESPA and the FDCPA
A federal district court in Alabama has dismissed two homeowners' force-place insurance-related claims against a lender and mortgage servicer under the Real Estate Settlement Procedures Act and the Fair Debt Collection Practices Act. Read More

View All Case Law Developments


Extension of "Little Known Deadline" for Lawsuits Challenging Insurance Payments for Superstorm Sandy Claims Sought by N.Y. Senators
U.S. Senator Charles E. Schumer is calling on the Federal Emergency Management Agency to extend the statute of limitations for Superstorm Sandy victims to challenge their insurance companies' decisions on their claims. Read More


Massachusetts Proposes Legislation Limiting Amount of Mandatory Flood Insurance for Homeowners
Massachusetts Attorney General Martha Coakley and House Speaker Robert DeLeo have filed legislation to cap the amount of flood insurance mortgage lenders may require of homeowners. Read More

View All Legislative/Regulatory Developments
John W. Schryber and Andrew M. Weiner Join Reed Smith Read More

ACLI Elects Its 2014 Chairman and Board of Directors
Read More

International Insurers Planning for Mergers and Acquisitions, Survey Finds
Read More

Marsh Launches Individual Professional Liability Protection for Lawyers
Read More

Scott Machut Becomes President of Reinsurance Division at Munich Health North America
Read More

View All Industry News

Q & A
Insured Contract and Primary Coverage


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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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