Hydraulic Fracturing, Induced Seismicity, and Insurance Coverage
In our lead article, “Hydraulic Fracturing, Induced Seismicity, and Insurance Coverage: Are Insurers Being Asked to Pay for Lack of Regulation?,” Jason P. Gosselin and Joseph M. Kelleher, attorneys at Drinker Biddle & Reath LLP, explore issues at the intersection of insurance law, hydraulic fracturing, and induced seismicity (i.e., man-made earthquakes), including the rise of induced seismicity, the implications for earthquake insurance policies, and the reaction of state regulatory bodies.
McCarran-Fer-get About It!
Hannah Geller, an associate at Weil, Gotshal & Manges LLP, discusses a recent adversary proceeding, Ames v. Lumbermens, in which the United States Bankruptcy Court for the Southern District of New York indicated a reluctance to apply McCarren-Ferguson broadly in her article, “McCarran-Fer-get About It: Insurance Rehabilitation Proceeding Does Not Reverse-Preempt Bankruptcy Court Jurisdiction, Says S.D.N.Y. Bankruptcy Court.” A party desiring to challenge bankruptcy court jurisdiction on McCarren-Ferguson grounds will now need to find a way in which state law would be impaired.
Focus On: Closing Statements
In this month's “Focus On” column, “A Closing Statement Can Go Far – But Not Too Far,” Steven A. Meyerowitz, the Editor-in-Chief of the Insurance Coverage Law Report and the Director of FC&S Legal: The Insurance Coverage Law Information Center, discusses a Florida appellate court decision that makes clear that although attorneys in insurance coverage cases have wide latitude in their closing statements, that leeway has its limits.
And More…
We also have the “best of the best” Case Law and Legislative/Regulatory Developments from FC&S Legal, as always written and analyzed by Steven A. Meyerowitz, and my Industry News column.
Enjoy the issue!
Victoria Prussen Spears
Editor, Insurance Coverage Law Report
Associate Director, FC&S Legal
Victoria Spears
Victoria Prussen Spears is senior vice president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. A graduate of Sarah Lawrence College and Brooklyn Law School, Ms. Spears was an attorney at a leading New York City law firm before joining Meyerowitz Communications. She may be contacted at [email protected].