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TODAY'S TOP DEVELOPMENTS Thursday, June 4, 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.


Verdicts & Settlements
Woman Who Claimed Talcum Powder Exposed Her to Asbestos Wins $13 Million Jury Verdict
A California jury has awarded a woman who claimed that she had developed cancer from using talcum powder over $13 million. Read More

Commercial Auto

When a Crop Sprayer and Motorcycle Collide, and How the South Dakota Supreme Court Found Coverage — This Time
Analyzing insurance coverage for the second time in a case arising from a collision between a crop sprayer and a motorcycle, the South Dakota Supreme Court has ruled that a commercial automobile insurance carrier — but not a commercial general liability insurance carrier — owed the driver of the crop sprayer a duty of defense and indemnification in connection with the resulting lawsuit. Read More

Commercial General Liability
Brazilian Insurer that Denied Coverage to Brazilian Company Sued in Ohio Could Not Itself Be Sued in Ohio, Sixth Circuit Holds
The U.S. Court of Appeals for the Sixth Circuit, affirming a decision by the U.S. District Court for the Southern District of Ohio, has ruled that an Ohio citizen could not sue a Brazilian insurer of a Brazilian company in Ohio where the insurer had declined to defend the Brazilian company in Ohio and had sold policies only in Brazil — even if the insurer should have known that the Brazilian company did considerable business in Ohio. 
Read More

Homeowners Insurance
N.J. Appeals Court Affirms Decision Denying Coverage for Oil Spill from Underground Fuel Storage Tank
An appellate court in New Jersey has affirmed a trial court's decision denying coverage to homeowners for damage to their own property caused by an oil spill from their underground fuel storage tank. Read More

View All Case Law Developments

Alternative Risk and Captives

First "Sponsored Captive" Is Created in Connecticut
New Jersey-based SOBC Corporation is establishing a sponsored captive insurance subsidiary in Connecticut that is intended to specialize in helping reinsurers exiting the market pay off their claims. Read More

Health Insurance

Missouri Governor Jay Nixon Signs Bill Restoring Limits on Noneconomic Damages Against Health Providers
Missouri Governor Jay Nixon has signed Senate Bill 239, which reinstitutes caps on non-economic damages against health care providers. Read More

View All Legislative/Regulatory Developments
Sutherland Expands Insurance Litigation Practice in New York with Addition of Five Former Nelson Brown Attorneys Read More

Ironshore Appoints Daniel Owen SVP of Its Global Property Energy Division 
Read More

FC&S Legal Publishes "Does the ‘Innocent Insured Doctrine’ Bar an Insurer from Rescinding a Legal Malpractice Policy for One Partner's Misrepresentation Made Without Other Partner's Knowledge?" in Insurance Coverage Law Report Read More

Allied World North America and American Professional Agency Launch Program for Association of Addiction Professionals 
Read More

MetLife Launches Premier Accumulator Universal Life Product Read More

View All Industry News
Real Property and the Your Product Exclusion


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

View Entire May / June 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.
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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