FEMA Sends Warning about Time to Sue Over Coverage Disputes

On October 1, 2013, FEMA announced that it was extending the proof of loss deadline by six months for flood insurance policy claims due to Superstorm Sandy. Normally, policyholders have sixty days fro

Force-Placed Meets the Feds – The Insurance Regulatory Field Grows

Recent news regarding lender-placed insurance (more colloquially known as “force-placed” insurance) has focused on state efforts to regulate the industry. Now the Feds are getting involved

Florida and Alabama Governors Join Fight Against Flood Insurance Rate Hikes

The Governors of Florida and Alabama filed an Amicus brief in a lawsuit brought by Mississippi against the federal government over flood insurance rate hikes. Mississippi filed suit just before rate h

Fourth Circuit Finds Arsenic and Lead Contamination Subject to Absolute Pollution Exclusion

Ross Development Corporation v. Fireman’s Fund Insurance Company, et al. (Index No. 12-2059) (June 6, 2013) On appeal from the U.S. District of South Carolina, the Fourth Circuit affirmed t

Federal Court Maintains No Property Damage, No Occurrence Stance for Intentional Breach of Contract

NWS Corp. v. Hartford Fire Ins. Co. (D. Mass.) (12-30113-KPN) The U.S. District Court for Massachusetts relied on long-standing state law to deny coverage for an insured television programmer who

Fraud Inducing Mass Mailings – One Event or Multiple Claims?

American Guar. & Liab. Ins. Co. v Chicago Ins. Co., 2013 N.Y. App. Div. LEXIS 2778 (N.Y. App. Div. 2013) The New York state appeals court, first department reversed the trial court holding tha

Firm Left Without Malpractice Insurance For Botched Sales Contract

Koransky, Bouwer & Proacky, P.C. v. The Bar Plan Mut. Ins. Co. (7th Cir. (Ind.) Apr. 2, 2013) The Seventh Circuit recently affirmed a ruling that left a law firm without insurance coverage for a

Former NFL Linebacker Indicted for Insurance Fraud

United States of America v. Marcus Buckley and Kimberly Jones, United States District Court Eastern District of California, April 10, 2013 Marcus Buckley, a former linebacker for the New York Gian

Federal Prosecutors Indict Health Insurance TPA for $9 Million in Overstated Loss Ratios

United States v. Gutschlag, GM-Southwest, Inc. U.S. Dist. Ct., W.D.Va. April 8, 2013 Third Party Administrator GM – Southwest, Inc. (TPA), and its former owner John Paul Gutschlag, Sr. contr

Fifth Circuit Finds Prejudice, Upholds Excess Insurer’s Rights to Notice

Berkley Reg. Ins. Co. v. Phil. Indem. Ins. Co. U.S. Ct. Apps. 5th Cir. (Tex.) Aug. 2, 2012 The underlying lawsuit involved a slip and fall with $1 million of primary coverage and excess/umbrella

Fourth Circuit: No Coverage for Defrocked Priest’s Sexual Abuse

Ranta v. Catholic Mut. Relief  Soc’y of Am.(4th Cir. (S.C.) July 24, 2012) The Fourth Circuit recently upheld a denial of coverage to a Catholic priest accused of sexually abusing the plain

Florida Supreme Court’s Bad Faith Ruling is Bad News for Policyholders

QBE Ins. Corp. v. Chalfonte Condo. Apt. Ass’n, Inc.(Fla. May 31, 2012) The Florida Supreme Court ruled last week that there is no common law first-party bad faith cause of action against an in


Pin-Pon Corporation v. Landmark American Insurance Co. , case number 2009 0320 CA 03, consolidated with Pin-Pon Corporation v. Lexington Insurance Co., case number 31 2009 CA 01 2244, May 3, 2012 (In

Federal Judge Dismisses Breach of Contract Suit Against Reinsurance Brokers

Olympus Insurance Co. v. Aon Benfield Inc. and Benfield Inc. (D. Minn. March 30, 2012) On March 20, 2012 a federal judge in Minnesota dismissed a breach of contract action brought by Olympus Insuranc

Fifth Circuit: Contract Exclusion Does Not Apply to Copyright Infringement Claim

Looney Ricks Kiss Architects, Inc. v. State Farm Fire & Cas. Co. (5th Cir. (La.) April 4, 2012) The Fifth Circuit recently predicted that the Louisiana Supreme Court would apply a “but for

Fourth Circuit Certifies Pollution Exclusion Ambiguity To The Virginia Supreme Court

Travco Ins. Co. v. Ward (Fourth Circuit, March 1, 2012) This environmental coverage dispute resulted from a property loss involving Chinese Drywall installed in policyholder’s residence. Over

Fourth Circuit Finds Coverage for Violation of Fair Labor Standards Act

Republic Franklin Ins. Co. v. Albemarle County School Board (4th Cit. (Va.) Feb. 24, 2012) The Fourth Circuit recently held that an insured’s violation of the Fair Labor Standards Act (“

Former New York State Superintendent of Insurance, James J. Wrynn, joins Goldberg Segalla LLP as Partner

Goldberg Segalla LLP is pleased to announce James J. Wrynn will join the law firm March 5. He will run the firm’s New York office and will be a senior partner in its Global Insurance Services

February Edition of Reinsurance Review is Now Available

For a free copy of this month's edition click here. To receive this publication for free each month, please contact Jeff Kingsley at

Federal Court Refuses to Dismiss Bad Faith Claims Against Insurer for Failure to Indemnify Pipeline Manufacturer

Gulf Prod. Co. v. Hoover Oilfield Supply, Inc. (U.S. Dist. E.D.LA, January 11, 2012) A Louisiana federal court denied an insurer’s motion to dismiss bad faith claims brought in an insuranc

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