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TODAY'S TOP DEVELOPMENTS Monday, February 3, 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.


Federal Actions
In AIG Bailout Suit against New York Fed, Second Circuit Holds that State Fiduciary Duty Law Is Preempted By Federal Common Law
Citing the "extraordinary measures" taken by the Federal Reserve Bank of New York to rescue American International Group, Inc., from bankruptcy at "the height of the direst financial crisis in modern times," the U.S. Court of Appeals for the Second Circuit has affirmed a district court's decision dismissing a claim by AIG's former majority shareholder for breach of Delaware fiduciary duty law against the New York Fed. Read More


Archdiocese that Settled Father's Claim of Son's Sexual Abuse Loses Bid for Insurance Coverage
The U.S. Court of Appeals for the Eighth Circuit, affirming a district court's decision, has ruled that the Archdiocese of St. Louis and Archbishop Robert J. Carlson (together, the "Archdiocese") were not entitled to have their secondary excess insurance carrier cover the amount the Archdiocese had paid to settle a father's sexual abuse claims, given Missouri law limiting negligence actions against religious organizations. Read More

Automobile Insurance
Evidence of UM Limits Was "Irrelevant and Prejudicial," Indiana Appeals Court Rules
An Indiana appellate court has ruled that a trial court had erred when it allowed into evidence at a jury trial the $250,000 bodily injury limit provision contained in the insureds' insurance policy, concluding that that evidence was "both irrelevant and prejudicial." Read More

Court Denies Summary Judgment to FEMA, Finding that Insured Had Submitted Sufficient Information to Enable FEMA to Evaluate Her Claim
A federal district court in Louisiana has denied a motion for summary judgment filed by the Federal Emergency Management Agency in a case brought by a homeowner seeking additional payments on a claim, concluding that the homeowner had supplied sufficient information to FEMA and rejecting its contention that she had to file a second proof of loss. Read More

View All Case Law Developments

Health Insurance

EmblemHealth Settles with New York over Young Adults' Claims and Will Offer to Reinstate Coverage to 8,300
EmblemHealth, Inc., has reached a settlement with New York regulators that requires that it offer reinstatement of health coverage to more than 8,000 young adults whose coverage, the government asserted, had been wrongly terminated, and that it pay approximately $90,000 in denied claims. Read More

Homeowners Insurance

Mortgage Lender Took Kickbacks from Insurers, Consumer Financial Protection Bureau Alleges 
The Consumer Financial Protection Bureau has initiated an administrative proceeding against PHH Corporation and its affiliates, alleging that PHH harmed consumers through a mortgage insurance kickback scheme that started as early as 1995. Read More

View All Legislative/Regulatory Developments
New York State Bar Honors AXA's Darryl Gibbs for Diversity Efforts Read More

Insurance Coverage Litigator Patrick J. Boyle Joins Venable LL 
Read More

Homeowners Choice Now Offers Flood Insurance in Florida 
Read More

XL Group Creates New Operational Risks Team to Meet the Needs of Financial Institutions 
Read More

FC&S Legal Publishes Pamella A. Hopper's Article, "Texas Supreme Court Hands Big Insurance Win to Construction Industry" 
Read More

View All Industry News

Vandalism as Cause of Loss


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View Entire February 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 ($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 [email protected].

FC&S Legal: The Insurance Coverage Law Information Center

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