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TODAY'S TOP DEVELOPMENTS Friday, July 17, 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.


Superstorm Sandy
Superstorm Sandy Settlement Agreement Also Covered Claim for Damage to Insureds' Property Caused by Subsequent Storm, N.J. Court Decides
A federal district court in New Jersey has ruled that a settlement agreement between property owners and their insurance company that resolved the insureds' claim for damage caused to their property by Superstorm Sandy also covered their claim for damage caused to their property by a later storm that occurred prior to execution of the settlement agreement. Read More

Attorney's Fees

Insured's Former Law Firm Ordered to Release Files to Insured Despite Unpaid Legal Bills
The U.S. Court of Appeals for the Seventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Illinois, has ruled that a law firm that formerly represented an insured in coverage litigation with its insurance carrier must turn over case-related files to its former client, even before receiving payment of its unpaid legal bills and notwithstanding its retaining lien under Illinois common law. Read More

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

Workers Compensation
Retired Justice Souter, Writing for the First Circuit, Upholds Award of Death Benefits to Widow of Man Who Died in Tbilisi, Georgia, While Traveling to Shop for Groceries
Retired Associate Supreme Court Justice David H. Souter, sitting by designation and writing for the U.S. Court of Appeals for the First Circuit, has upheld a decision by the Benefits Review Board applying the "zone of special danger" principle under the Defense Base Act ("DBA") to award death benefits to the widow of a covered employee stationed in Tbilisi, Georgia, who died in an auto accident while traveling by taxi to shop for groceries. Read More

View All Case Law Developments

Insurance Fraud

45 Years in Prison for Doctor Who Provided Medically Unnecessary Chemotherapy to Patients to Defraud Medicare and Private Insurers of $34 Million
A Detroit area hematologist-oncologist has been sentenced to serve 45 years in prison for his role in a health care fraud scheme that included administering medically unnecessary infusions or injections to 553 individual patients and submitting to Medicare and private insurance companies approximately $34 million in fraudulent claims. Read More

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

View All Legislative/Regulatory Developments
Google Releases Self-Driving Car Project Monthly Report for June Read More

Lloyd's Study Highlights Wide Ranging Implications of Cyber Attacks 
Read More

FC&S Legal Publishes "Recent IRS and Congressional Focus on Micro-Captives" in its Flagship Publication, the Insurance Coverage Law Report  Read More

Stronger Advanced Markets' Performance Boosted Insurance Industry Growth in 2014, Swiss Re Study Shows 
Read More

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

View All Industry News
Forms Analysis
Installation Coverage Form


Browse our entire library of over 2,500 insurance resources and forms.

View Entire July/August Insurance Coverage Law Report
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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
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 To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or

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