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TODAY'S TOP DEVELOPMENTS Friday, February 27, 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.


Homeowners Insurance
N.Y. Top Court: "Ensuing Loss" Provision Did Not Nullify Policy's "Water Loss" Exclusion or Render It Ambiguous
The New York Court of Appeals, New York's highest court, has reversed an intermediate appellate court's decision in a case involving water damage to an insured home, holding that the "ensuing loss" provision in the homeowners' insurance policy did not nullify the "water loss" exclusion or render it ambiguous. Read More

Superstorm Sandy

Insurance Broker Defeats Breach of Contract, Negligence, and New York Consumer Protection Law Claims in Superstorm Sandy Case
A federal district court in New York has granted an insurance broker's motion to dismiss breach of contract, negligence, and consumer protection law claims by a commercial property owner that alleged that its property had been damaged by Superstorm Sandy. Read More

Case of First Impression
New York Court Rules that No-Fault Insurer Need Not Pay "Facility Fee" In Connection with "Office-Based Surgery"
An appellate court in New York, in a case of first impression, has ruled that a no-fault insurance carrier was not required to pay, as a component of first-party benefits for "basic economic loss" under New York Insurance Law § 5102(a), a facility fee in connection with "office-based surgery" performed in a practice and setting that was accredited under New York Public Health Law § 230-d(i)(h). Read More

Automobile Insurance
Overruling 40 Year Old Precedent, Texas Supreme Court Holds that Relevant Evidence of Use or Nonuse of Seatbelts is Admissible to Apportion Responsibility in Civil Suits
The Texas Supreme Court, overruling a 40 year old precedent, has decided that relevant evidence of use or nonuse of seat belts is admissible for the purpose of apportioning responsibility in civil lawsuits. Read More

View All Case Law Developments

Superstorm Sandy

"Deeply Troubled" FEMA Promises "Process" to Resolve All Superstorm Sandy Claims Involving "Evidence of Questionable Engineering Practices"
In a letter to the U.S. magistrate judges in the Eastern District of New York overseeing the Superstorm Sandy cases, Brad J. Kieserman, the newly-appointed Deputy Associate Administrator for Federal Insurance at the Federal Emergency Management Agency, promised to establish a process to resolve all Superstorm Sandy insurance claims "where there is evidence of questionable engineering practices." Read More

Insurance Fraud

Lawyer Arrested in Alleged Multi-Million Dollar World Trade Center Reconstruction Insurance Fraud
Darius X. Johnson, an attorney in Atlanta, has been arrested on a criminal complaint alleging wire fraud and money laundering in connection with his sale of phony insurance bonds for the construction of the World Trade Center PATH transportation hub. Read More

View All Legislative/Regulatory Developments
Insurance Coverage Litigator Laura McNally Joins Loeb & Loeb Read More

Insurance Research Council Report Documents Substantial Growth in Homeowners' Insurance Claim Costs Read More

Thomas F. Segalla Joins Editorial Advisory Board of FC&S Legal
Read More

Wilson Elser Promotes Several Insurance Lawyers to Partner
Read More

Home Depot's 2014 Data Breach Leads to $33 Million Charge – So Far Read More

View All Industry News
Deductibles under the PAP


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View Entire January / February 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
Cort T. Malone, Anderson Kill, 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
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 To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or

FC&S Legal: The Insurance Coverage Law Information Center

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