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TODAY'S TOP DEVELOPMENTS Wednesday, July 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 N.Y. Appeals Court Affirms that $5 Million Flood Sublimit Applied to "All" Superstorm Sandy Losses An appellate court in New York, in a case of apparent first impression, has affirmed a trial court's decision that a builder's claim under a builders risk insurance policy for delay-in-completion damages following Superstorm Sandy was subject to the policy's flood limits and deductible. Read More Employee Benefits U.S. Supreme Court to Decide Whether ERISA Preempts Vermont's Health Care Database Law as Applied to TPA for Self-Funded ERISA Plan The U.S. Supreme Court has granted certiorari to determine whether the U.S. Court of Appeals for the Second Circuit erred in holding that the Employee Retirement Income Security Act of 1974 preempts Vermont's health care database law requiring a third party administrator for a self-insured health plan governed by ERISA to submit data to the state about claims paid under the plan. Read More Punitive Damages Tennessee District Court Permits Insureds' Punitive Damages Claim against Insurer to Proceed The U.S. District Court for the Western District of Tennessee has ruled that legislation enacted by the Tennessee legislature in 2011 did not prohibit insureds from bringing a punitive damages claim against their insurance company. Read More Subrogation West Virginia Supreme: Insurer's Subrogation Action Against Alleged Tortfeasors Was Not Barred By Its Failure to Provide Prior Notice of Settlements The Supreme Court of Appeals of West Virginia, reversing a trial court's decision, has ruled that an insurance company's subrogation action for "implied indemnification" against alleged tortfeasors was not barred by its failure to have provided prior notice to the alleged tortfeasors of settlements it made with its insured and an allegedly injured third party. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States Washington State Also Rejects "Price Optimization" Washington Insurance Commissioner Mike Kreidler has issued an advisory to property and casualty insurers doing business in the state that they are not allowed to use discriminatory "loyalty penalty" pricing practices. Read More In the States Florida Office of Insurance Regulation Approves Removal of Up to an Additional 81,050 Policies from Citizens Property Insurance The Florida Office of Insurance Regulation has approved the removal of up to 80,000 additional personal residential policies and 1,050 additional commercial residential polices from Citizens Property Insurance Corporation. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS FC&S Legal Publishes "The Filed Rate Doctrine as A Defense to Non-risk Based Pricing Auto Insurance Litigation" in its Flagship Publication, the Insurance Coverage Law Report Read More ACE Doubles Terrorism, Political Violence, and War Insurance Capacity Read More Aspen U.S. Insurance Appoints Patrick Hickey Head of Marine Read More XL Catlin and Financial Risk Solutions Offer Contractual Liability Coverage for HVAC Contractors Read More Fosun Completes Acquisition of Meadowbrook Insurance Group Read More View All Industry News   Discussion Insured Property and Coverage under the SFIP Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire July/August 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_%%. Click here to unsubscribe from %%merge list.descshort%%. Copyright ©2015 Summit Professional Networks, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874