Steven A Meyerowitz Esq

May 16, 2017 | The Recorder

The California Court of Appeal has ruled that, as a matter of law, an insurer may rescind a workers' compensation insurance policy even after a claim has been filed under the policy.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

14 minute read

May 04, 2017 | Connecticut Law Tribune

The U.S. Court of Appeals for the First Circuit has ruled that a settlement agreement between insureds and a personal injury plaintiff that assigned the insureds' rights against their excess insurer to the plaintiff, but that also released the insureds from liability, did not trigger the excess insurer's duty to indemnify.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

15 minute read

May 01, 2017 | The Legal Intelligencer

A trial court in Pennsylvania has ruled that a nearly 25-year-old Pennsylvania Supreme Court decision that expanded the trigger of coverage with respect to asbestos bodily injury claims, holding that all “occurrence” policies from the date of exposure to the date of first manifestation had been triggered, was not limited to asbestos cases but, rather, also applied to other cases of latent environmental contamination.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

26 minute read

April 26, 2017 | Texas Lawyer

The Texas Supreme Court has issued a decision setting forth five rules about statutory bad faith under the state's Insurance Code.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

13 minute read

April 21, 2017 | New Jersey Law Journal

A federal district court in New Jersey has ruled that a jury would have to decide whether an insured and its insurer had reached a settlement of the insured's Superstorm Sandy claim for wind damage to its property before the insured had filed its lawsuit.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

17 minute read

April 06, 2017 | Daily Report Online

The U.S. Court of Appeals for the Eighth Circuit, reversing a Minnesota district court's decision, has ruled that the retroactive application of a “revocation-upon-divorce” statute to life insurance policies amounted to an impermissible impairment under the Contract Clause of the U.S. Constitution.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

11 minute read

April 05, 2017 | Daily Report Online

After an insured is sued, both its insurance carrier and the insured itself may agree that the insurer has a duty to defend. An amended complaint, however, may change that conclusion.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

25 minute read

April 05, 2017 | New Jersey Law Journal

A federal district court in New Jersey, in a Superstorm Sandy insurance coverage case, has denied an insurer's motion for summary judgment on the ground that the insured homeowner had not timely filed a proof of loss as required by his flood insurance policy.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

8 minute read

March 31, 2017 | Daily Business Review

The U.S. Court of Appeals for the Eleventh Circuit has ruled that an insurer's advertising slogan – “like a good neighbor, State Farm is there” – was “puffery” and an insured could not claim that it amounted to a misrepresentation of material fact sufficient to support a fraud claim against the insurer.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

10 minute read

March 31, 2017 | New Jersey Law Journal

The U.S. Court of Appeals for the Third Circuit has rejected the “heart of the matter” test for determining whether a district court should hear actions under the Declaratory Judgment Act seeking both declaratory and legal relief – and has rejected the standard used in the Second, Fourth, and Fifth Circuits.

By Steven A. Meyerowitz, Esq., Director, FC&S Legal

18 minute read