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TODAY'S TOP DEVELOPMENTS Monday, December 29, 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.


Superstorm Sandy
Judges Reaffirm Broad Discovery Order in Superstorm Sandy Cases; Set Hearing on Allegations Over Engineering Reports
Three United States magistrate judges have reaffirmed the discovery obligations imposed on insurance carriers in Superstorm Sandy cases by U.S. Magistrate Judge Gary R. Brown of the Eastern District of New York, and have set an evidentiary hearing on allegations regarding engineering reports of damaged homes. Read More

Superstorm Sandy

New York Magistrate Judges Warn Attorneys to Eliminate “Dilatory Tactics” in Superstorm Sandy Cases or Face Sanctions
The U.S. magistrate judges in the Eastern District of New York who are overseeing Superstorm Sandy cases have issued an order that contains a warning to attorneys that “further dilatory tactics or a lack of good faith in the diligent prosecution and resolution of these cases” will subject them “to sanctions.” Read More

Life Insurance
Alabama Law Bars Change to Life Insurance Policy’s Beneficiary in Absence of Insurable Interest, Appeals Court Rules
An appellate court in Alabama has ruled that Alabama law does not allow for the change of a beneficiary on the life-insurance policy of another when the proposed new beneficiary does not possess an insurable interest in the insured. Read More

Automobile Insurance
Third Circuit Examines Burden of Proof in a Removal Action under CAFA
The U.S. Court of Appeals for the Third Circuit has issued a decision examining the applicable burdens of proof for establishing jurisdiction in a removal action under the Class Action Fairness Act of 2005. Read More

View All Case Law Developments

Terrorism Risk Insurance

Terrorism Risk Insurance Dies in the Senate, At Least for Now
The U.S. Senate failed to pass legislation last evening extending the Terrorism Risk Insurance Act for six more years, meaning that the program will expire at the end of this year. Read More

Health Insurance

New York Insurance Regulator Notifies Insurers that Medically Necessary Treatment for Gender Dysphoria Cannot be Denied
The New York Department of Financial Services has sent industry guidance to all New York commercial health insurance companies stating that they may not deny medically necessary treatment for gender dysphoria – a condition when a person’s gender at birth is contrary to the one with which they identify. Read More

View All Legislative/Regulatory Developments
Remembering Don Malecki Read More

Ex-Bingham Insurance Lawyer William D. Goddard Joins Day Pitney as Partner 
Read More

Insurance-Linked Securities Set Issuance Record Amid New Highs in Collateralized Reinsurance Capital, Aon Benfield Reports 
Read More

Amalgamated Life Insurance President David J. Walsh Named Chairman of the Board of The Life Insurance Council of New York 
Read More

United Insurance Holdings to Acquire Family Security Holdings and Subsidiaries Read More

View All Industry News
Handling a Total Auto Loss


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

View Entire December 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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