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TODAY'S TOP DEVELOPMENTS Wednesday, May 7, 2014

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.


SFIP Does Not Cover Removal of Non-Owned Superstorm Sandy Debris Deposited Outside Insured Building, Court Decides
A federal district court in New Jersey has ruled that a National Flood Insurance Program Dwelling Form Standard Flood Insurance Policy did not cover the costs of removing debris not owned by the insured that had been deposited outside the insured building/structure by Superstorm Sandy. Read More

Homeowners Insurance

Homeowner’s Policy Excluded Damages Resulting from Auto Accident, California Appellate Court Affirms
An appellate court in California, affirming a trial court’s decision, has ruled that the automobile exclusion in a homeowner’s insurance policy barred coverage of claims against the insured stemming from an automobile accident, notwithstanding that the claims against the insured included claims for negligence. Read More

Life Insurance
Misstatement of Woman’s Age in Policy Application Permits Life Insurer to Adjust Benefits Payable Years Later Upon Her Death, Court Rules
A federal district court in Colorado has ruled that a life insurance policy’s “misstatement of age” provision permitted the insurer to adjust the amount payable to the beneficiary upon the death of the insured, based on a misstatement of the insured’s age at the policy’s inception years earlier. Read More

Eye on the Experts
Bad Faith Compendium: Pennsylvania
Insurance bad faith law is like a quilt, a patchwork that varies from square to square – in this instance, common law decisions, statutes and codes that differ widely from state to state. Insurer conduct that is benign in one jurisdiction may rise to the level of bad faith conduct in another. The 17th installment of the compendium reviews bad faith law in Pennsylvania. Read More

View All Case Law Developments

Automobile Insurance

Financing Company to Pay $200,000 to Settle Charges of Prematurely Canceling Massachusetts Auto Policies
An Illinois-based premium financing provider has agreed to pay $200,000 to resolve allegations that it illegally and prematurely canceled certain financed auto insurance policies affecting nearly 200 Massachusetts customers. Read More

Insurance Fraud

Philadelphia Lawyer Commits Suicide Before He Could Be Arrested for Insurance Fraud; 46 Charged
A total of 46 people have been charged in Philadelphia in what prosecutors assert was a seven year scheme using staged slip and fall accidents that defrauded over 21 different insurance companies out of close to $400,000. Read More

View All Legislative/Regulatory Developments
XL Insurance (Bermuda) to Sell Life Reinsurance Subsidiary for $570 Million in Cash to GreyCastle Holdings Read More

Cancer is the Leading Reason for Long Term Disability Leave, According to Unum Review of Claims 
Read More

Philadelphia Assistant District Attorney John Doyle Honored with Fraud Fighter Award 
Read More

ACE Appoints John Alfieri Division President of ACE USA Regional Operations and Andrew Hurley Regional Executive Officer for the New York Region 
Read More

Prudential Expands Life Insurance Product Portfolio 
Read More

View All Industry News
Q & A
Protective Safeguard Endorsement and Multiple Buildings


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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
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC
Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Tressler 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

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

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