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TODAY'S TOP DEVELOPMENTS Friday, September 9, 2016

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
Second Circuit Limits Amtrak’s Superstorm Sandy Flood Coverage to $125 Million – Not the $675 Million Amtrak Sought
The U.S. Court of Appeals for the Second Circuit, substantially affirming a decision by the U.S. District Court for the Southern District of New York, has ruled that insurance coverage for Amtrak’s Superstorm Sandy flood damages was limited to $125 million – and that the limit applied to damage to Amtrak’s equipment that resulted after Amtrak had pumped seawater out its tunnels. Read More

Mudslide Exclusion Precluded Coverage for Destroyed Building, Tenth Circuit Rules
The U.S. Court of Appeals for the Tenth Circuit, affirming a decision by the U.S. District Court for the District of Colorado, has ruled that there was no insurance coverage for a building destroyed by a mudslide and has rejected the insured’s contention that the mudslide had caused the building to explode within the meaning of an exception to the mudslide exclusion. Read More

Automobile Insurance
Convicted Hit-and-Run Defendant May Be Ordered to Pay Restitution to Victim’s Insurer, Oregon Appeals Court Rules
An appellate court in Oregon has affirmed a trial court’s order requiring a defendant convicted of a hit-and-run to pay restitution to the victim’s insurance company. Read More

Commercial General Liability
Claims That Day Care Center’s Workers Forced Toddlers to Fight, and Recorded It, Were Not Covered, Delaware Court Decides
A trial court in Delaware has ruled that an insurance company was not obligated to cover claims that a day care center’s workers had watched and had permitted – and perhaps had encouraged – toddlers to fight, and had recorded the fight on a cellphone. Read More

View All Case Law Developments

Federal Actions

Hospital Group Reaches $2.95 Million Settlement for Delaying Repayment of Medicaid Funds
A $2,950,000 settlement has been reached in a civil fraud lawsuit against Beth Israel Medical Center d/b/a Mount Sinai Beth Israel, St. Luke’s-Roosevelt Hospital Center d/b/a Mount Sinai St. Luke’s and Mount Sinai Roosevelt, and Continuum Health Partners, Inc., alleging that they willfully delayed repayment of over $800,000 in Medicaid overpayments. Read More

In the States
Washington Insurance Regulator Orders CareFirst to Issue Rebates with Excess Surplus
Commissioner Stephen C. Taylor of the District of Columbia Department of Insurance, Securities and Banking has issued a final decision and order in the 2011 surplus review and determination for Group Hospitalization and Medical Services, Inc., a nonprofit hospital and medical services corporation that operates as CareFirst in the District of Columbia. Read More

View All Legislative/Regulatory Developments
NICB Estimates 100,000 Insured Vehicles Flooded in Louisiana  Read More

Allstate Uses Drones in Texas  
Read More

Medicaid Market Heats Up, Consolidation Drives Growth Among Leading Insurers, AIS Research Shows  
Read More

Denis Duverne Is Appointed Chairman of AXA’s Board and Thomas Buberl Is Appointed AXA’s CEO  
Read More

Christopher Sparro Joins Endurance as CEO of US Insurance  
Read More

View All Industry News
Regulatory Exclusions


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

View Entire Summer 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, Cope Ehlers, 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

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