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TODAY'S TOP DEVELOPMENTS |
Monday, March 30, 2015 |
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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.
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Superstorm Sandy
Flood Sublimits Did Not Apply to Losses Caused by Superstorm Sandy Storm Surge, New Jersey Trial Court Rules
A trial court in New Jersey has ruled, in a Superstorm Sandy case, that flood sublimits did not apply to losses caused by storm surge, potentially affording coverage for $500 million in losses claimed by the Public Service Enterprise Group, Inc. Read More
Attorney's Fees
Arkansas Supreme Court Limits Availability of Attorneys' Fees to Insureds in Coverage Actions
The Supreme Court of Arkansas, in response to a question certified to it by the U.S. District Court for the Eastern District of Arkansas, has ruled that the recovery of attorneys' fees by an insured in an insurance contract action was exclusively available pursuant to Arkansas Code Annotated Section 23-79-208, precluding an award of attorneys' fees pursuant to Arkansas Code Annotated Section 16-22-308. Read More
Commercial Property
Iowa Supreme: Policy's Rain Limitation Precluded Coverage for Damage Caused by Rain Escaping Ruptured Interior Drainpipe
The Iowa Supreme Court, in its first opportunity to adjudicate an insurance claim under a policy limiting coverage for losses "caused by rain," has reversed an intermediate appellate court's decision and has ruled that the "unambiguous language" of a rain limitation in a commercial property insurance policy precluded coverage for damage allegedly caused by rainwater escaping a ruptured interior drainpipe in the insured building. Read More
Automobile Insurance
MCS-90 Endorsement Required Tortfeaso's Insurer to Compensate Injured Party Even If Injured Party Already Had Been Compensated by Its Own Insurer, Eighth Circuit Rules
The U.S. Court of Appeals for the Eighth Circuit, in a case of first impression in the circuit, has ruled that the federally mandated Motor Carrier Act of 1980 MCS-90 endorsement for motor carriers required a tortfeasor's insurer to compensate an injured party even if the injured party already had been compensated by its own insurer. Read More |
View All Case Law Developments |
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Life Insurance
Two Additional Insurers Agree to Use of Death Master File
Guardian Life and Pacific Life have reached multi-million dollar settlements related to their use of the Social Security Administration's Death Master File database. Both insurers agreed to reform their business practices and use the database to search for policyholder beneficiaries that might be owed benefits from a life insurance policy. Read More
Life Insurance
Florida Man Charged with Insurance Fraud by Faking His Death
Jose Lantigua and his wife Daphne Simpson of Fleming Island, Florida, have been charged with seven counts of insurance fraud after Florida officials said they discovered that Mr. Lantigua had faked his own death to cash in on $9 million in life insurance policies he had purchased. Read More
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View All Legislative/Regulatory Developments |
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Northwestern Mutual Life Acquires LearnVest to "Redefine Financial Planning" Experience Read More |
Support Growing for Compromise on Insurance Requirements for Uber, Lyft, and Other TNCs Read More |
Progressive Says that Its Usage-Based Insurance Program Will No Longer Provide Only Discounts — Some Drivers Will Face Rate Increases Read More |
Massachusetts Insurance Federation Names John P. Murphy as New Executive Director Read More |
ACE White Paper Offers Steps for Businesses to Stem Environmental Operational Risks Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire March / April Insurance Coverage Law Report |
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View Insurance Coverage Law Report Archives |
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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 |
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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 |
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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@SummitProNets.com.
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FC&S Legal: The Insurance Coverage Law Information Center |
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