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TODAY'S TOP DEVELOPMENTS Friday, September 20, 2013

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
Efficient Proximate Cause Doctrine, Not Concurrent Causation Rule, Applies in Multi-Peril First-Party Insurance Cases, Florida Appeals Court Decides
A Florida appellate court has reversed an $8 million judgment against a homeowner's insurance carrier and ruled that, in a case involving multiple perils and a first-party insurance policy, the "concurrent causation" doctrine should not be applied. Instead, it held, the "efficient proximate cause" doctrine should govern. Read More


Defendant in Insurer's Subrogation Action Cannot Rely on Liability Limit in Its Contract with Insured to Defeat Insurer's Negligent Misrepresentation Claim
An appellate court in Florida has ruled that a defendant in an insurer's subrogation action cannot rely on a limitation of liability clause in its contract with the insured to defeat a negligent misrepresentation claim that was "independent of the contract." Read More

Automobile Insurance
New Jersey Auto Policy Voided for Fraud Is Reformed to Provide for Mandatory Minimum Liability Insurance Coverage to Pay Innocent Third Parties' Claims
A New Jersey appellate court has ruled that an automobile insurance carrier seeking to retroactively void coverage based on the prior conduct of its insured cannot avoid providing the minimum compulsory non-cancelable $15,000/$30,000 liability limits to pay liability claims of innocent third parties. Read More

Homeowners Insurance
Bankruptcy Court Did Not Have Jurisdiction Over Chapter 7 Debtor's Claim against His Insurer Where Claim Had Been Abandoned by Debtor's Bankruptcy Trustee
A federal district court in Minnesota has affirmed a bankruptcy court's decision that the bankruptcy court did not have jurisdiction over a Chapter 7 debtor's adversary proceeding against his homeowner's insurer where the claims asserted in the adversary proceeding had been abandoned by the debtor's Chapter 7 bankruptcy trustee. Read More

View All Case Law Developments


Senate Subcommittee Holds Hearing on Biggert-Waters
The U.S. Senate Committee on Banking, Housing, and Urban Affairs Subcommittee on Economic Policy has held a hearing on the "Implementation of The Biggert-Waters Flood Insurance Act of 2012: One Year After Enactment." A webcast is available. Read More

Insurance Fraud

Former Allstate Employee Pleads Guilty to Insurance Scam
Yarden Lee Bracero, a former Allstate employee in Jacksonville, Florida, has pleaded guilty to one count of scheme to defraud and three counts of identity theft for diverting claims payments for her own personal use. Read More

View All Legislative/Regulatory Developments
Health Republic Insurance of New York Announces Debra Friedman as President and CEO Read More

Builders Insurance Adds Charles Potok and Salvatore Correnti to its Board
Read More

Record Highs Signal Inflexion Point for Insurance-Linked Securities Market in 2013, According to Aon Benfield ILS Study
Read More

Brian Cesario to Join Fireman's Fund Insurance Company's Personal Insurance Team
Read More

Hudson Insurance and Crum & Forster Realign D&O and E&O Operations
Read More

View All Industry News

Faulty Construction and Ensuing Damage


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View Entire September Insurance Coverage Law Report
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60px_newMeyerowitz Steven A. Meyerowitz, ESQ.
Director, FC&S Legal
[email protected]
60px_newSpears Victoria Prussen Spears, ESQ.
Associate Director, FC&S Legal
[email protected]
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 ($795 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 [email protected].

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