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TODAY'S TOP DEVELOPMENTS Tuesday, February 17, 2015

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.


Commercial General Liability
Court Orders Insured to Reimburse Insurer for Amount It Paid to Settle Case Before It Was Decided that Insurer Had No Duty to Defend or Indemnify
A federal district court in Pennsylvania has ruled that an insurance company was entitled to be reimbursed by its insured for the amount that the insurer paid to settle a slip and fall case against the insured before it was determined that the insurer had no duty to defend or indemnify the insured. Read More

Product Liability Coverage

Food Manufacturer's Contamination Products Policy Did Not Cover Recall of Supplier's Ground Beef, California Appeals Court Rules
A California appeals court, affirming a trial court's decision, has ruled that a contamination products insurance policy issued to a company that manufactured frozen food products using a supplier's ground beef did not cover a recall of the supplier's ground beef, given the absence of any contamination or tampering with the manufacturer's product during or after its manufacture. Read More

"Made Whole" Rule Barred Insurer's Subrogation Action against Insured Who Settled Tort Suit for Less than Tort Defendant's Insurance Policy Limits, Wisconsin Appeals Court Rules
An appellate court in Wisconsin, affirming a trial court's decision, has ruled that an insurance company could not recover medical payments it made to its insured because he had not been "made whole," notwithstanding that he had settled his tort suit for substantially less than the tort defendant's insurance policy limits. Read More

Commercial General Liability
"Covenant Not to Execute" Did Not Bar Assignees' Action Against Insurance Broker, Tennessee Appeals Court Rules
An appellate court in Tennessee, reversing a trial court's decision, has ruled that a "covenant not to execute" did not bar an action by assignees against an insurance broker on the ground that the assignees would not be entitled to recover any compensatory damages at trial. Read More

View All Case Law Developments

Automobile Insurance

Following Court Rulings, New York Insurance Regulator Provides Guidance for No-Fault Insurers on Notice/Proof of Claim
The New York Department of Financial Services has issued guidance to no-fault insurers clarifying various insurance regulations that concern notice/proof of claim, in light of recent appellate court holdings. Read More

In the States

Missouri Insurance Director John M. Huff Named NAIC President-Elect
Missouri Insurance Director John M. Huff, an attorney, has been elected to fill the vacant position of the office of president-elect of the National Association of Insurance Commissioners. Read More

View All Legislative/Regulatory Developments
Confie Seguros Acquires Baja Auto Insurance Read More

Benjamin Walden Named to the Board of Kingstone Insurance Read More

OdysseyRe's New Accident & Health Reinsurance Business Unit to be Led by Paul Skrtich 
Read More

Ex-DLA Piper Partner Will Harrison Joins Minter Ellison as Head of Insurance & Corporate Risk in Asia and Western Australia 
Read More

GEICO Launches Ridesharing Product in Virginia Read More

View All Industry News
New Owner of Old Condominium with Improvements and Betterments


Browse our entire library of over 2,500 insurance resources and forms.

View Entire January / February Insurance Coverage Law Report
View Insurance Coverage Law Report Archives
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.

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

FC&S Legal: The Insurance Coverage Law Information Center

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