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TODAY'S TOP DEVELOPMENTS Wednesday, January 20, 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.


Automobile Insurance
Washington Supreme: Injury “Arises Out of” Vehicle Use So Long as “Some Causal Connection” Is Present Between Vehicle and Resulting Injury
The Washington Supreme Court, in response to two certified questions from the U.S. District Court for the Western District of Washington, has ruled that an injury “arises out of” use of a vehicle so long as some causal connection was present between a condition of, an attachment to, or some aspect of the vehicle and the resulting injury. The court said that the converse also was true: An injury did not “arise out of” vehicle use under circumstances where no such causal connection existed, making the vehicle the mere situs of the accident. Read More

Commercial General Liability
Montana Supreme: Undefined Term “General Aggregate” Was Ambiguous and Maximum Amount Applied Individually to Both Underlying Coverages
The Montana Supreme Court has ruled that the commonly used – but undefined – term “general aggregate” was ambiguous in a commercial transportation insurance policy and, as a result, the maximum amount applied to all coverages under the entire policy. Read More

Commercial General Liability
North Dakota Supreme Court, in Case of First Impression, Finds No Duty of Care Owed in “Take-Home” Asbestos Exposure Case
The North Dakota Supreme Court, affirming a lower court’s decision, has ruled that a company that supplied and installed asbestos-containing insulation products while performing industrial and commercial insulation contracting work did not owe a duty of care to a worker’s child who grew up, was diagnosed with mesothelioma, and died.  Read More

Automobile Insurance
Ohio Supreme: Insurer’s Issuance of Repair Estimate Was No “Consumer Transaction”
The Ohio Supreme Court has ruled that an insurance company had not engaged in a “consumer transaction” as defined in the Ohio Consumer Sales Practices Act when it issued a repair estimate in relation to its policyholder’s claim for motor vehicle damage and, therefore, that the insurer had not become a party to a consumer transaction in these circumstances. Read More

View All Case Law Developments


China Insurance Regulatory Commission Authorizes MAPFRE RE to Operate in Beijing
The China Insurance Regulatory Commission has formally authorized MAPFRE RE to operate in Beijing under its own representative office. Read More

In the States
Texas Insurance Department Seeks Professionals to Conduct Windstorm Model Peer Review
The Texas Department of Insurance is seeking professionals to conduct a peer review of a model developed to determine causes of insured losses on the coast. Read More

View All Legislative/Regulatory Developments
Matthew Schlesinger Joins Covington’s Insurance Recovery Practice as a Partner  Read More

Most Serious Workplace Injuries Cost U.S. Companies $62 Billion per Year, According to Liberty Mutual Report  
Read More

Insurance Recovery Attorney Eric G. Barber Joins Michael Best as a Partner  
Read More

ACE Completes $29.5 Billion Acquisition of Chubb, Adopts Chubb Name, and Launches New Chubb Brand  
Read More

FC&S Legal Publishes “Insurance Coverage for Statutory Damages under Professional Liability Policies” in its Flagship Publication, the Insurance Coverage Law Report  
Read More

View All Industry News
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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, Schuyler, Roche & Crisham, 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

FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or

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