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TODAY'S TOP DEVELOPMENTS Friday, November 21, 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.


Homeowners Insurance
Homeowners Breached Policy by Failing to Repair Roof Damaged by Tornado, Seventh Circuit Finds
The U.S. Court of Appeals for the Seventh Circuit, affirming a district court’s decision, has ruled that homeowners had breached their homeowner’s insurance policy by failing to repair damage to their home’s roof that had been caused by a tornado. Read More

Homeowners Insurance

Homeowner Who Repaired Roof Before Insurer Could Inspect the Damage May Proceed with Bad Faith Action, Fifth Circuit Holds
The U.S. Court of Appeals for the Fifth Circuit, reversing a magistrate judge’s ruling, has decided that a homeowner who repaired the damaged roof of his home before his homeowner’s insurance company could inspect the damage could proceed with his bad faith action against the insurer. Read More

Business Owners
Expense of Ordinary Payroll Had to be Included When Determining Loss of Business Income Following Fire at Insured’s Store, Massachusetts Appeals Court Decides
An appellate court in Massachusetts, interpreting a businessowners insurance policy, has ruled that loss of business income following a fire at the insured’s store, where the insured resumed operations elsewhere, had to be determined “by including the expense of ordinary payroll, and other unreimbursed continuing expenses required by the resumption of operations, in the calculation of net profit or loss.” Read More

Workers Compensation
New Mexico Supreme: Nurse Who Slipped on Recently Mopped Floor Was Entitled to 10 Percent Increase in Benefits Due to Absence of “Wet Floor” Sign
The New Mexico Supreme Court has ruled that a “wet floor” sign was a safety device and that a nurse who slipped on a recently mopped floor at work was entitled to a 10 percent increase in benefits because a “wet floor” sign had not been posted near the mopped floor. Read More

View All Case Law Developments


Citing Magistrate Judge’s Decision, New Jersey Senators Demand Investigation into Sandy Victims “Being Lowballed by Insurance Companies”
New Jersey Senators Robert Menendez and Cory Booker have called on the Federal Emergency Management Administration to take immediate action to address potential widespread manipulation of flood insurance claims in order to “lowball Sandy victims.” Read More

Automobile Insurance

California Department of Insurance Says It Is Ready to Review New Auto Insurance Policies for Uber, Sidecar, and Lyft Drivers
California Insurance Commissioner Dave Jones has announced that his department is ready to accept insurance company filings to create new commercial coverage or endorsements to personal auto insurance policies that will provide coverage for Californians who transport passengers for transportation network companies such as Uber, Lyft, and Sidecar. Read More

View All Legislative/Regulatory Developments
London Insurance Market, a £60 Billion Industry, Is Under Significant Threat, Warns New Study Read More

AIG Appoints Charlie Shamieh as CEO for Life, Health, and Disability Insurance; Alessa Quane Is Named Corporate Chief Actuary  
Read More

Lawyers Rank 5th on Safest Driver List; Travel Industry Workers Are Most Accident-Prone 
Read More

Utica Mutual Insurance Company Names Richard P. Creedon Next CEO 
Read More

AMA Says Health Insurers Should Strengthen Privacy Policies  Read More

View All Industry News
Q & A
Real Estate Operations Endorsement


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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