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TODAY'S TOP DEVELOPMENTS Monday, November 23, 2015

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
How to Qualify an Expert Witness in the Area of Insurance Claims Handling
A recent decision by a federal district court in Florida in a bad faith case illustrates the factors a court considers when a plaintiff seeks to qualify an expert witness who is challenged by a defendant insurance company. Read More

Superstorm Sandy
N.Y. Appeals Court Affirms Decision Rejecting Bad Faith Claim in Superstorm Sandy Case
An appellate court in New York has affirmed a trial court’s decision dismissing an “unfair claim settling practices” cause of action in a Superstorm Sandy case, reasoning that New York law does not recognize a separate, non-contractual claim for “unfair claim settling practices.” Read More

Commercial General Liability
Third Circuit: “Prior Publication” Exclusion Barred Coverage for Suit Alleging Infringing Ads Where Later Ads Were Not “Fresh Wrongs”
The U.S. Court of Appeals for the Third Circuit, affirming a decision by the U.S. District Court for the Eastern District of Pennsylvania, has ruled that a “prior publication” exclusion precluded coverage of a lawsuit that alleged that the insured had infringed a trademark in a series of advertisements that began before the policy’s effective date.  Read More

Attorney's Fees
Montana Supreme: Entitlement to Fees Under “Insurance Exception” to American Rule Required Analysis of More than Circumstances Surrounding Filing of Insured’s Coverage Complaint
The Montana Supreme Court, reversing a trial court’s decision, has ruled that the determination of whether an insured was entitled to attorneys’ fees under the so-called “insurance exception” to the American Rule necessitated factual findings taking into consideration both parties’ actions during the entire process leading up to the ultimate resolution of the insured’s claim. Read More

View All Case Law Developments

Federal Actions

N.Y. Senator Gillibrand Proposes Legislation to Change FEMA
Three years after Superstorm Sandy, Senator Kirsten Gillibrand (D-NY) has introduced legislation that, she said in a statement, would “require more transparency and accountability” from the Federal Emergency Management Agency so that home and property owners who carry flood insurance policies are “better protected in the event of another storm.” Read More

Federal Actions
Senator Warren Releases Findings of Her Investigation into “Conflicts of Interest in the Annuities Industry”
U.S. Senator Elizabeth Warren (D-MA) has released findings from an investigation into what she characterized as “conflicts of interest in the annuities industry.” Read More

View All Legislative/Regulatory Developments
Tokio Marine Holdings Completes $7.5 Billion Acquisition of HCC Insurance Holdings  Read More

Walgreens Boots Alliance to Acquire Rite Aid for $17.2 Billion in All-Cash Transaction  
Read More

Carl Icahn to AIG: Splitting Company is a “No-Brainer”  
Read More

FC&S Legal Publishes “Seventh Circuit Rules ERISA Does Not Preempt State Law Prohibiting Discretionary Clauses”  
Read More

Insurance Attorney Laurie Kamaiko Joins Sedgwick as Partner in New York Office  
Read More

View All Industry News
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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
Cort T. Malone, Anderson Kill, P.C.
Richard 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
Thomas F. Segalla, Goldberg Segalla
David D. Thamann, The National Underwriter Company

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