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TODAY'S TOP DEVELOPMENTS Wednesday, December 3, 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.


Commercial General Liability
New York's Highest Court Rules that "Noncumulation Clause" Limited Insurer's Maximum Total Liability in Lead Paint Case to One Policy Limit
New York's highest court, the New York Court of Appeals, has ruled, in a case where members of different families alleged that they had been successively exposed to lead paint in the same apartment, that a "noncumulation clause" in a liability insurance policy that had been issued to the landlord limited the insurer's maximum total liability to only one policy limit. Read More

Superstorm Sandy

In Superstorm Sandy Case, Federal Court Awards Counsel Fees to Insured's Pro Bono Lawyers for Insurer's Improper Removal of Insured's State Court Suit
A federal district court in New York has awarded attorneys' fees to pro bono counsel representing a policyholder whose home allegedly had suffered damage from a backed-up sewer during Superstorm Sandy after finding that the insurer had improperly removed the policyholder's lawsuit from state court. Read More

Automobile Insurance
New York Court Limits "Prevailing Fee" in No-Fault Action
In an action seeking reimbursement for assigned no-fault benefits, a New York court has ruled that an insurance company complied with its obligation to pay the "prevailing fee in the geographic location of the provider" when it reimbursed the assignee, a health care provider, for services it rendered in another state in accordance with that state's no-fault fee schedule. Read More

Health Insurance
Appeals Court Upholds Decertification of Class Challenging Hospital Charges to Uninsured Patients
An appellate court in California has affirmed a trial court's decision decertifying a class of about 120,000 uninsured patients who alleged that they had been charged more than insured or Medicare-covered patients, finding that the class was "not reasonably ascertainable" and that the class "lacked predominantly common issues." Read More

View All Case Law Developments

Life Insurance

Symetra Life Reaches $1.2 Million Multi-State Life Claim Settlement Agreement
In the second such settlement in recent weeks, Symetra Life Insurance Company and Symetra National Life Insurance Company have agreed to a $1.2 million life claim settlement agreement with eight state insurance regulators. Read More

Terrorism Risk Insurance

TRIA: Where Is It Now?
The Terrorism Risk Insurance Act is scheduled to expire on December 31, 2014. What is likely to happen? Read More

View All Legislative/Regulatory Developments
ACE Westchester Extends Its Product Recall Insurance to Small Businesses Read More

Markel Corporation Names Britt Glisson Global Insurance Division President 
Read More

Allied World North America Launches Comprehensive Privacy and Network Security Insurance for the Canadian Market 
Read More

Aviva and Friends Life to Merge in $8.8 Billion Deal 
Read More

Solely African-Focused Reinsurer One Re Authorized by U.K. Regulators Read More

View All Industry News
Form Analysis


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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