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TODAY'S TOP DEVELOPMENTS Wednesday, July 8, 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.


Trial Strategy
When Is an Insurer’s Motion to Intervene in a Class Action Against Its Insured Untimely?
A recent decision by Seventh Circuit Court of Appeals Judge Richard A. Posner highlights the risks for insurance companies of waiting too long to intervene in class action lawsuits brought against their insureds where they have disclaimed any obligation to defend or indemnify. Read More


Alabama Supreme: Auto Insurer May Realign Parties in Underlying Litigation and “Opt Out” of Participating in Trial without Waiving Its Subrogation Rights
The Alabama Supreme Court has ruled that an automobile insurance carrier that was sued by its insured for uninsured/underinsured motorist benefits and that then brought a third-party action against the allegedly uninsured motorist, could realign the parties and opt out of participating in the trial without waiving any right to subrogation against the uninsured motorist. Read More

Automobile Insurance
Parked Car Was Not in “Use” When Pit Bull Allegedly Jumped Out Open Window and Attacked Person Walking Nearby, Indiana Appeals Court Finds
An Indiana appellate court, affirming a trial court’s decision, has ruled that a vehicle was not in “use” for purposes of an automobile insurance policy’s uninsured motorists endorsement where the auto allegedly was parked in a parking lot with its windows down and the owner’s pit bull jumped out and attacked a person walking across the parking lot. Read More

Automobile Insurance
Court Rejects Insured’s Definitions of “Payment” and Finds Action Against Her Auto Insurer to Be Time Barred
A federal district court in Colorado has rejected an insured’s definitions of the word “payment” and ruled that, as a result, her action for underinsured motorist (“UIM”) benefits had to be dismissed on statute of limitations grounds. Read More

View All Case Law Developments

Workers Compensation

Texas Insurance Commissioner Appoints Four to Workers’ Compensation Appeals Panel
Texas Commissioner of Insurance David Mattax has appointed four members to serve on a Workers’ Compensation Appeals Panel, which helps interpret and apply National Council on Compensation Insurance rules to disputes brought by policyholders. Read More

In the States
Dean Cameron Is New Director of Idaho Insurance Department
Idaho State Senator Dean Cameron has become the director of the Idaho Department of Insurance. Read More

View All Legislative/Regulatory Developments
Magic Johnson Enterprises Acquires EquiTrust Life Insurance Company Read More

Jamie Trish Appointed President of Northeast Business Insurance Operations at Liberty Mutual; Michael Christiansen Retires 
Read More

Berkshire Hathaway Specialty Insurance Introduces Professional First Insurance Company Professional Liability Insurance Read More

Workers’ Compensation Attorney Jeffrey Hart Joins Wilson Elser’s Michigan Office as Of Counsel 
Read More

Select U.S. States to Have Access to Allianz Tuition Insurance Read More

View All Industry News
Defective Design and Roof Collapse


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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