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TODAY'S TOP DEVELOPMENTS Wednesday, April 22, 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.


Commercial Property
Iowa Appeals Court Rejects Jury Award in Favor of Church that Claimed Damage During a Flood from a Sewer Backup
An Iowa appellate court has reversed a judgment in favor of an insured church following a jury trial, finding that an anti-concurrent clause in the church's insurance policy may have barred coverage of the church's claim for damage caused by a sewer backup during a flood. Read More

Commercial Property

No Coverage for Damage Caused by Water Pipe that Froze and Burst in Vacant Building, Kentucky Appeals Court Decides
An appellate court in Kentucky, reversing a trial court's decision, has ruled that a vacancy endorsement in a commercial property insurance policy excluded coverage for a loss caused by a frozen water pipe that burst while the building was vacant, rejecting the insured's argument that the exclusion did not take effect until the building had been vacant for 60 days. Read More

Commercial Property
Protective Safeguard Endorsement Related Only to Fire Loss and Did Not Bar Claim for Water Damage, N.Y. Appeals Court Rules
An appellate court in New York has reversed a trial court's decision denying an insured's motion for summary judgment on the issue of liability — as well as a judgment upon a jury verdict in favor of the insurer that dismissed the insured's complaint. Read More

Homeowners Insurance
Post-Loss Assignee Did Not Need an Insurable Interest at Time of Loss to Sue Insurer, Florida Appeals Court Decides
An appellate court in Florida, reversing a trial court's decision, has held that a post-loss assignee of the right to recover under a homeowners insurance policy could proceed with its action against the insurance company because Florida law did not require that a post-loss assignee have an insurable interest at the time of loss. Read More

View All Case Law Developments

Workers Compensation

Subcontractors of True Religion Brand Jeans Allegedly Conspired with CPA in Multi-Million Dollar Workers Comp Insurance Fraud
Sung Hyun Kim and her sister Caroline Choi, chief executive officers of California-based sewing companies that were subcontracted by True Religion Brand Jeans, have been arrested along with their certified public accountant, Jae Kim, and charged with 18 felony counts of workers compensation insurance fraud allegedly totaling more than $11 million in losses. Read More

Insurance Fraud

Golf Insurance Scammer Kevin Kolenda Arrested and Charged with Three Felonies
Detectives in the special investigations unit of the Washington Insurance Department have arrested hole-in-one insurance scammer Kevin Kolenda in Norwalk, Connecticut, during a search of his residence. Mr. Kolenda was charged with attempted first-degree theft and two counts of selling insurance without a license, all felonies, through his golf tournament marketing website, Read More

View All Legislative/Regulatory Developments
ACE Appoints Rees Fletcher Chairman of ACE Bermuda; Joseph Clabby and Judy Gonsalves Are Promoted Read More

New Funding for Health Insurance Start-Up, Oscar, Values It at $1.5 Billion 
Read More

Health Net Hires Kathleen Alyce Waters as General Counsel Read More

P&C Insurance Market Is Buyer-Friendly but Evolving Threats Pose Risk Management Challenges for Many Organizations, Willis Reports 
Read More

Bruce Hemphill Is Appointed Group Chief Executive at Old Mutual Read More

View All Industry News
Form Analysis
Builders Risk Coverage Form


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

View Entire March / April Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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.

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 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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