FEMA Rescinds Prior Ruling that Halted National Flood Insurance Program during Government Shutdown after Wave of Backlash from Insurance Industry

In the midst of the partial federal government shutdown, on Wednesday, December 26th, the Federal Emergency Management Agency (FEMA) announced that the National Flood Insurance Program (NFIP), the main source for flood insurance in the U.S., would have limited ability to issue new or renewal policies, or issue increased coverage on existing policies, although claims would be paid on policies that were in force before midnight on December 21, 2018.  A wave of backlash from the insurance, banking, and housing industries followed, and FEMA has …

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The Insurance and Reinsurance Report Named Best Niche and Specialty Blog of 2018!

We are pleased to announce that the Insurance and Reinsurance Report blog has been named the best legal news blog in the country and earned 5th place overall in The Expert Institute’s Best Legal Blog Contest for 2018!

The Expert Institute — a leading legal service provider for identifying, verifying, and retaining expert witnesses — holds this annual contest to vet and recognize the best legal blogs out of the thousands that are on the web. In the 2018 Best Legal Blogs Contest — what …

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The Insurance & Reinsurance Report: Year in Review — Why We Think It’s the Best Legal News Blog of 2018

Goldberg Segalla’s Insurance and Reinsurance Report is in the running for The Expert Institute’s Best Legal News Blog of 2018. Fans and readers of the Report and others who stay abreast of developments in the legal blogosphere are invited to vote for the best legal news blog through the following link:


Honored to be in the running and by the support we’ve seen thus far, we took this opportunity to reflect on some of the Insurance and Reinsurance Report’s most notable accomplishments of 2018.…

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We Need Your Vote!

Attention blog readers!

We are proud to announce that our Insurance and Reinsurance Report blog has made it to the voting round in The Expert Institute’s 2018 Best Legal Blog Contest! Over the past month, this contest received thousands of nominations, which were then narrowed to the “most exciting, entertaining, and informative legal blogs online today.” The polls are now open – if you like our blog, please consider voting.

How it works: You can submit one vote per blog. In order to cast your …

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“Made Whole” Doctrine Prevents Equitable Subrogation Where Insureds with Tortfeasors

In re September 11 Litigation,

World Trade Center Properties LLC et al. v. Certain Underwriters at Lloyd’s, London et al. (S.D.N.Y., August 2, 2018)

Judge Alvin K. Hellerstein of the Federal District Court in the Southern District of New York has, for years since the September 11th attacks, been assigned the countless actions dealing with the massive property damage resulting from the tragedy. This is the last such case, which involves insureds making a claim against their insurer’s recovery from a subrogation settlement.

The insureds …

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Insured’s Decision to Manufacture A Dangerous Product Knowing No Insurance Is Available Doesn’t Sway Court To Create An Equitable Exception To The Unavailability Rule

The Supreme Court of New Jersey recently resolved an 18-year-old asbestos coverage row, encompassing 330 policies and thousands of claims. In reaching its decision in Cont’l Ins. Co. v. Honeywell Int’l, Inc., No. 078152, 2018 WL 3130638 (N.J. June 27, 2018), the court confirmed that lex loci contractus is dead in New Jersey for purposes of resolving choice of law issues in contract cases and declined to recognize an equitable exception to the “unavailability of insurance” allocation principle it had announced in its seminal …

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Insurance Companies May Get the Last Say Regarding Arming Teachers

Three months after the Marjory Stoneman Douglas High School shooting, and just days after the Santa Fe High School shooting, the debate continues to rage over whether the presence of armed teachers and/or officers would increase school safety, or just increase the risk of a shooting.

The idea’s not new – arming teachers was the subject of serious debate after the 2012 Sandy Hook massacre, but the idea was quickly shut down in most areas by insurers.  Now, the spotlight is on it again.  Attempts …

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The ALI Set to Vote to Adopt the “Restatement of the Law of Liability Insurance”

The American Law Institute (ALI) is set to vote to approve its much anticipated “Restatement of the Law of Liability Insurance” Law at its annual meeting from May 21 to 23, 2018, in Washington, D.C. For almost 100 years, the ALI has published “Restatement of the Law” treatises on various legal topics which are meant to inform legal practitioners on general principles of common law, and courts will often look to these Restatements for guidance. In fact, according to ALI statistics, state and federal courts …

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New Wave of Products and Other Challenges to State Insurance Regulators: Reflections from ACI 14th Annual National Forum

The 14th annual National Forum on Insurance Regulation, sponsored by American Conference Institute, convened in New York City on March 7-8, 2018. This yearly event is a great opportunity to learn about emerging issues and recent developments in state insurance regulation from leaders of the insurance industry. This year’s Forum brought together senior officials of the National Association of Insurance Commissioners (NAIC); state insurance commissioners; Chief Legal Officers of leading U.S. insurers, reinsurers and brokers; founders and CEOs from InsureTech startups; experts in the …

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Current Events in Insurance Coverage — Reflections on ABA TIPS ICLC Meeting

The ABA Tort Trial & Insurance Practice Section’s Insurance Coverage Litigation Committee’s mid-year meeting is always a great opportunity to learn about emerging issues and recent developments in coverage law and to meet with leaders of the insurance industry and insurance coverage bar. This year’s meeting was no exception.

I attended the meeting, where I led a panel discussion on emerging issues in D&O and Professional Liability coverage law. The panel, made up of thought leaders from the insurance brokerage, policyholder’s insurance recovery bar and …

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