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TODAY'S TOP DEVELOPMENTS Friday, June 5, 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.

 CASE LAW

Superstorm Sandy
N.Y. Appeals Court Affirms Dismissal of Claims against Insurance Agent in Superstorm Sandy Dispute
An appellate court in New York has affirmed a trial court's decision dismissing negligence and breach of contract actions brought by an insured against its insurance agent, finding that the agent could not be held liable in this Superstorm Sandy case for any negligence or contract breach that may have been committed by his agency (a corporation). Read More

Professional Liability Insurance

Alleged Malpractice by Criminal Defense Attorneys Occurred During Trial, Before Retroactive Date of Their Malpractice Policy, Michigan Appeals Court Finds
An appellate court in Michigan, affirming a trial court's decision, has ruled that a malpractice claim against criminal defense attorneys alleged malpractice that occurred during the underlying plaintiff's criminal trial, before the malpractice policy's retroactive date, and, therefore, that the policy did not provide coverage for his claims. Read More

Fire Insurance
Wife's Secrets Were Not Intended to Defraud Insurer, Court Rules
A federal district court in Michigan has ruled that material misrepresentations a woman made during her insurance company's investigation into the cause of a fire at her house — intended by the woman to keep information from her husband — were not intended to defraud the insurer and, as a result, could not serve as the basis for its denial of her claim. 
Read More

Commercial Auto
When a Crop Sprayer and Motorcycle Collide, and How the South Dakota Supreme Court Found Coverage — This Time
Analyzing insurance coverage for the second time in a case arising from a collision between a crop sprayer and a motorcycle, the South Dakota Supreme Court has ruled that a commercial automobile insurance carrier — but not a commercial general liability insurance carrier — owed the driver of the crop sprayer a duty of defense and indemnification in connection with the resulting lawsuit. Read More

View All Case Law Developments
 
 LEGISLATIVE/REGULATORY

Automobile Insurance

California Approves New Insurance Product for UberX, Lyft, and Sidecar Ridesharing Drivers
California Insurance Commissioner Dave Jones has approved a new insurance product submitted by Farmers Insurance for drivers driving for ridesharing (or 'ride-hailing') companies such as UberX, Lyft, and Sidecar. Read More

Superstorm Sandy

FEMA Launches Superstorm Sandy Flood Insurance Claims Review Process
The National Flood Insurance Program of the Federal Emergency Management Agency has begun its Superstorm Sandy flood insurance claims review. Read More

View All Legislative/Regulatory Developments
   
 INDUSTRY NEWS
Smartphone Use While Driving Grows Beyond Texting to Social Media, Web Surfing, Selfies, and Video Chatting, AT&T Study Shows Read More

NICB Warns: Texas Storms Leave Thousands of Vehicles Flooded; Unsuspecting Used Car Buyers Could End Up "Soaked" 
Read More

Below Normal Atlantic Hurricane Season Likely This Year, NOAA Predicts Read More

CFA Survey Finds Auto Insurers Fail to Reward Low Mileage Drivers 
Read More

Sutherland Expands Insurance Litigation Practice in New York with Addition of Five Former Nelson Brown Attorneys Read More

View All Industry News
 
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 INSURANCE COVERAGE
 LAW REPORT
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View Entire May / June Insurance Coverage Law Report
 
View Insurance Coverage Law Report Archives
 
60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
smeyerowitz@alm.com
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
vspears@alm.com
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

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 www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@alm.com.

FC&S Legal: The Insurance Coverage Law Information Center
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