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TODAY'S TOP DEVELOPMENTS Friday December 5, 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 Insurer's Disclaimer Was Ineffective When It Was Sent Only to the Insured, and Not to the Additional Insureds
New York's highest court, the New York Court of Appeals, has ruled that a disclaimer sent by an insurance carrier to its insured, but not to the additional insureds, was ineffective with respect to the additional insureds under New York insurance law. Read More

Automobile Insurance

Bankrupt Insureds Could Exempt Uninsured Motorist Benefits under Tennessee Law Allowing Exemption for Accident and Health Insurance
A bankruptcy court in Tennessee has ruled that two debtors under Chapter 7 of the U.S. Bankruptcy Code could exempt uninsured motorist benefits they received after entering bankruptcy that arose from a prepetition automobile accident under a provision of Tennessee law providing an exemption for benefits paid under accident or health insurance policies. 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

Commercial General Liability
Texas Supreme: Plaintiff Who Was Not a Party to Insurance Policy May Not Seek Declaratory Judgment Regarding Insurer's Duty to Indemnify Before Liability Has Been Determined
The Texas Supreme Court has ruled that the "no direct action" rule barred a plaintiff who was not a party to the defendant's insurance policy from seeking or obtaining a declaratory judgment regarding the insurer's duty to indemnify the defendant against liability to the plaintiff before that liability had been determined. Read More

View All Case Law Developments

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

In the States

Maryland Warns Insurers Against Using "Price Optimization" to Rate Insurance Policies and Demands Corrective Action Plans
The Maryland Insurance Administration has issued a bulletin warning insurers not to use "price optimization" to rate insurance policies in Maryland – and requiring that insurers that use price optimization to rate insurance policies in Maryland file a corrective action plan with the MIA no later than January 1, 2014. Read More

View All Legislative/Regulatory Developments
Aviva and Friends Life to Merge in $8.8 Billion Deal Read More

Harbinger Group CEO Philip Falcone Resigns; Joseph S. Steinberg to Become Chairman of the Board 
Read More

U.K. Insurance Lawyer Robert Stirling Joins Skadden in London 
Read More

Airbnb Introduces Host Protection Insurance 
Read More

Competition for Deals Fuels Rapid Adoption of Transactional Risk Insurance Among Global Deal Community, Marsh Research Shows Read More

View All Industry News
Computing the Coinsurance


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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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