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TODAY'S TOP DEVELOPMENTS Monday, June 15, 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 New York Federal Court Orders Superstorm Sandy Coverage Dispute to Arbitration The U.S. District Court for the Southern District of New York has ruled that an arbitration clause in a commercial property insurance policy was enforceable and that a dispute over the amount of coverage that the New Jersey Transit Corporation was entitled to for damages to its facilities and equipment caused by Superstorm Sandy was subject to arbitration under that clause.  Read More Environmental Liability Disposal of Containers Holding Contaminants Was Not a Discharge of Pollutants Where Containers Did Not Leak, Ninth Circuit Holds The U.S. Court of Appeals for the Ninth Circuit, affirming a decision by the U.S. District Court for the District of Guam, has ruled that the disposal into the environment of containers holding contaminants did not constitute a discharge of pollutants where no contaminants had leaked into the environment. Read More Homeowners Insurance Homeowners’ Bid for “Collapse” Coverage Is Rejected by Wisconsin Appeals Court An appellate court in Wisconsin, affirming a trial court’s decision, has ruled that homeowners had not demonstrated that their home had “collapsed” during construction for purposes of their homeowners’ insurance policy. Read More Life Insurance Finding Issue as to Materiality of Insured’s Health Omissions, Appeals Court Reverses Summary Judgment in Favor of Life Insurer An appellate court in Indiana has reversed a trial court’s decision granting summary judgment to a life insurer, ruling that a factfinder had to determine whether the insured’s omissions about his health were sufficiently material to permit the insurer to rescind the policy it had issued. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Flood National Flood Insurance Program Is “Proverbial Melting Iceberg,” FEMA Administrator Tells House Subcommittee Brad Kieserman, the outgoing Deputy Associate Administrator for Federal Insurance in the Department of Homeland Security’s Federal Emergency Management Agency, spoke the other day to a House of Representatives subcommittee that was holding a hearing on the National Flood Insurance Program and Superstorm Sandy claims. Insurers, policyholders, their attorneys, and other stakeholders would be well advised to review Mr. Kieserman’s statement in detail; here are highlights. Read More In the States NAIC Releases First Volume of 2014 Insurance Department Resources Report The National Association of Insurance Commissioners has released the first volume of the 28th edition of the Insurance Department Resources Report. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Tokio Marine Holdings to Acquire HCC Insurance Holdings in $7.5 Billion Transaction Read More Jill Groshek Joins Berkshire Hathaway Travel Protection as Vice President of Underwriting Read More W. R. Berkley Names Steven S. Zeitman President of Admiral Insurance Read More Edward Mazman to Lead Ironshore’s New Global Real Estate Industry Practice Read More FC&S Legal Publishes “Eleventh Circuit Rejects Insurer’s Application of ‘Manifestation Trigger’ in Property Damage Case” Read More View All Industry News   Q&A Road Damage to Tires Exclusion Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire May / June Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com 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@nuco.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. 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