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TODAY'S TOP DEVELOPMENTS Tuesday November 11, 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
Second Circuit Affirms that Policy Insured Property in Specific "Covered Location," and Not Generator in Basement
In a Superstorm Sandy case, 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 flood policy that defined the "covered location" as the insured's corporate headquarters – specifically, "One New York Plaza, 33rd Floor, New York NY 10004" – did not cover a $2.2 million generator located in the basement of that building that was destroyed by the storm. Read More

Attorney's Fees

Massachusetts Supreme: Party Seeking PIP Benefits May Refuse Insurer's Pre-Judgment Tender, Proceed with Suit, and Obtain Attorney's Fees if Successful
The Massachusetts Supreme Judicial Court has ruled that an unpaid party who brought suit under Massachusetts G.L. c. 90, §34M, against an insurance company for personal injury protection benefits and who, thereafter, refused the insurer's tender of amounts due and payable, made prior to the entry of judgment, may proceed with the suit and, if successful, may obtain a judgment for those amounts as well as its attorney's fees and costs. Read More

Environmental Liability
Massachusetts Supreme: Insured May Bring Unfair Practices Action after Accepting Full Reimbursement from Its Insurer
The Massachusetts Supreme Judicial Court has ruled that neither an insured's acceptance of full reimbursement of its expenses from its insurer nor the absence of a judgment in the insured's favor establishing contract damages precluded the insured from pursuing a statutory unfair practices claim against the insurer. Read More

Eye on the Experts
Insurer Equitably Obligated to Contribute to the Defense of a Common Insured
This Eye on the Experts article explains a recent Colorado federal court decision, which held that where multiple insurers each have a duty to defend a common insured, an insurer that refuses to defend or otherwise share in the cost of defense must provide equitable contribution to the defending insurer. Read More

View All Case Law Developments

Homeowners Insurance

After Pocketing Insurance Premiums and Issuing Fake Insurance Certificates, Defendant Faces Jail Time
Dean Joseph Basler has pleaded guilty to two felony counts of embezzlement and admitted a special allegation that he embezzled over $150,000; he previously had been arrested by the Valencia, California, Office of the California Department of Insurance Fraud Division. Read More


Maryland Insurance Commissioner Serves on National Cybersecurity Forum
Maryland Insurance Commissioner Therese M. Goldsmith has joined other regulators to launch the interagency Cybersecurity Forum for Independent and Executive Branch Agencies. Read More

View All Legislative/Regulatory Developments
Former Schiff Hardin Insurance Coverage Litigator William Meyer, Jr., Joins Nixon Peabody in Chicago Read More

Upromise by Sallie Mae Launches New Term Life Insurance Plan Underwritten by Minnesota Life Insurance Company 
Read More

Atlas Financial Holdings to Acquire Global Liberty Insurance Company of New York 
Read More

Global Indemnity to Purchase American Reliable Insurance Company 
Read More

Aegon to Sell its Canadian Life Insurance Business to Wilton Re Read More

View All Industry News
Form Analysis
Dry Cleaning and Laundry Facilities


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

View Entire October/November Insurance Coverage Law Report
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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
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

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