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TODAY'S TOP DEVELOPMENTS Friday October 10, 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.  CASE LAW Superstorm Sandy Insurer Could Not Rely on NFIP Rules Where Policy Did Not "Expressly State" that They Applied A federal district court in New York has ruled that an insurance company that participated in the National Flood Insurance Program as a Write Your Own company could not rely on NFIP rules to interpret the policy where it had not informed the insured – an attorney – that they applied, and where it had waived a provision of the law otherwise applicable to the policy. Read More Automobile Insurance Arizona Supreme Court Holds that Default Judgment Against Insureds Did Not Preclude Litigation of Whether Coverage Exists Under Their Policy The Arizona Supreme Court, in response to a question certified to it by the U.S. Court of Appeals for the Ninth Circuit, has ruled that a default judgment against insured-defendants entered pursuant to an agreement that stipulated facts determinative of both liability and coverage did not preclude litigation of whether coverage existed under the policy – but that the insurer in the coverage action could not, "in the guise of a coverage defense," litigate what were "essentially and solely liability issues resolved by the default judgment." Read More Life Insurance No Benefits to Widow Where Life Policy Was Canceled While Husband Was on a Special Conflict Military Leave of Absence from His Employer, Court Rules A federal district court in New Jersey has upheld an employee benefit plan administrator's decision that a widow was not entitled to receive life insurance benefits following her husband's death where the policy had been cancelled for nonpayment of premiums while he was on a special conflict military leave of absence from his employer. Read More Crime and Employee Dishonesty Court Applies Coverage Limit on Per-Policy Basis, Rather than Singly over Entire Course of One Occurrence Spanning Multiple Policy Renewals A federal district court in New York has ruled that coverage limitations in a series of insurance policies that had been renewed had to be applied on a per-contract basis, rather than singly over the entire course of one occurrence spanning multiple policy periods and renewals. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Federal Actions MetLife Challenges SIFI Designation MetLife, Inc., is challenging the decision by the Financial Stability Oversight Council that preliminarily designated it as a non-bank systemically important financial institution. Read More In the States New California Law Allows Consumers to Designate a Contact to Receive Lapse and Missed Payment Notices Assembly Bill 1804, which has been signed into law by California Governor Edmund G. (Jerry) Brown Jr., allows consumers to designate a third party as their back-up contact to receive notification from their insurance carrier if a consumer's policy is in danger of lapsing, expiring, or being terminated or cancelled due to nonpayment of premium. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Bauknight, Pietras & Stormer Partner Bryan Hudson Named South Carolina Captive Insurance Association's Captive Person of the Year Read More USAA Petitions FAA to Test Unmanned Aircraft Systems Read More Validus Holdings Completes Acquisition of Western World Insurance Read More Walmart Drops Health Insurance Coverage for 30,000 Part-Time Employees Read More Stolen IDs Being Used to Steal Cars, National Insurance Crime Bureau Finds Read More View All Industry News   Q&A Late Estimate and Fair Rental Value Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire October/November Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@SummitProNets.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@SummitProNets.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 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, 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 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. 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%%. ©2014 Summit Professional Networks, All rights reserved. Privacy Policy 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874