Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Wednesday, November 13, 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.


Homeowners Insurance
Statements in Bankruptcy Schedules Doom Insured's Ability to Later Claim Damages under Her Homeowner's Policy Based on Judicial Estoppel
A homeowner's statements in her bankruptcy case about property she owned have doomed the claim the subsequently filed under her homeowner's policy for damages she allegedly suffered as a result of a fire in her home based on judicial estoppel. Read More

Trial Strategy

The Timing for a Notice to Remove a Coverage Action
Generally speaking, a defendant has 30 days to file a notice to remove a case from state court to federal court. In most coverage cases, the deadline begins to run when the defendant receives the complaint. In some instances, however, the defendant does not know until a later point that the amount in controversy is sufficient to allow it to remove. A recent case found that later point to be after the plaintiff's admission that the amount in controversy exceeded $100,000. Read More

Homeowners Insurance
Lead Exclusion in Landlord's Policy Did Not Violate Public Policy, Appellate Court Holds
An intermediate appellate court in New York has affirmed a trial court's decision that a lead exclusion in a landlord's insurance policy did not violate public policy and barred coverage of a tenant's claims for bodily injury allegedly sustained as a result of lead poisoning. Read More

Homeowners Insurance
Did House Collapse or Just "Settle"? Appellate Court Decides on ... "Collapse"
An intermediate appellate court in New York has affirmed a trial court's decision that floors in a house that allegedly had dropped about four inches overnight had collapsed, and had not just settled, entitling the insureds to coverage under their homeowner's insurance policy. Read More

View All Case Law Developments

Federal Actions

Senate Sub-Committee Holds Hearing on Superstorm Sandy One Year Later
The U.S. Senate Subcommittee on Emergency Management, Intergovernmental Relations, and the District of Columbia has held a hearing examining the "ongoing recovery" from Superstorm Sandy – including insurance matters. Read More

In the States

Steve Burgess Again Becomes Florida's Insurance Consumer Advocate
Steve Burgess has been named Florida's Insurance Consumer Advocate. Read More

View All Legislative/Regulatory Developments
RSA Insurance Ireland Suspends CEO Philip Smith, CFO Rory O'Connor, and Claims Director Peter Burke Read More

Medical Malpractice Claim Costs Remain Stable, According to Aon/ASHRM Report
Read More

AMA Analysis Lists States with Lowest Levels of Competition among Commercial Health Insurers
Read More

Aspen Insurance Makes Senior Management Appointments
Read More

Michael P. Binns Is Named President of Personal Lines at Hallmark
Read More

View All Industry News

Form Analysis
Commercial Liability Umbrella Policy


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

View Entire October/November Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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].

FC&S Legal: The Insurance Coverage Law Information Center
To ensure future delivery of email, please add [email protected]
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
©2013 Summit Professional Networks, All rights reserved. Privacy Policy

5081 Olympic Blvd
Erlanger, KY 41018