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TODAY'S TOP DEVELOPMENTS Thursday, August 6, 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.


Automobile Insurance
Insurer Could Not Face "Joint and Several Liability" Beyond Policy Limits, Wisconsin Appeals Court Holds
An appellate court in Wisconsin has ruled that an insurance company that was sued in a personal injury action along with its insured could not face "joint and several" liability beyond its policy limits where it pleaded its insurance policy limit in its answer and proved that limit by introducing the insurance policy during the trial - even where it had not reasserted that policy limit in a post-verdict motion or objected to language in the judgment making it and its insured "jointly and severally" liable for the full amount of the judgment. Read More

Commercial General Liability

Insurer Must Defend Supplier Against Allegations It Provided Tainted Apples that Were Incorporated into Baby Food that Was Recalled
A federal district court in New York has ruled that an insurance company that issued a commercial general liability insurance policy and an excess/umbrella policy to a company that supplied apples to a baby food manufacturer was obligated to defend the supplier in a lawsuit that alleged that some of the supplier's apples had been contaminated and incorporated into baby food that the baby food manufacturer had to recall. Read More

Verdicts & Settlements
Jury Rejects Insurers' Contention that Fire in BMW Was Caused by Faulty Design
A federal jury in Ohio, hearing a subrogation action brought by two insurance companies, has rejected the insurers' contentions that a fire in a 2007 BMW 328xi sedan had been caused by a design defect. Read More

Workers Compensation
Struck at Gun Range by Ricocheting Bullet, Police Officer Loses Damages Suit against County on "Common Enterprise" Defense
An appellate court in Minnesota, reversing a trial court's decision and relying on the "common enterprise" rule, has ruled that a city police officer injured by a ricocheting bullet at a gun range could not sue the county that operated the range for damages after having received workers compensation benefits. Read More

View All Case Law Developments

In the States

New California Law Bars Certain Penalties for Seniors Who Have Purchased Annuities
California Governor Jerry Governor Brown has signed Senate Bill 426. The new law bars insurers from imposing certain surrender penalties on annuities paid as a death benefit. Read More

In the States
Louisiana Withdraws from Non-Admitted Insurance Multi-State Agreement
Louisiana has given notice that it is withdrawing from the Non-Admitted Insurance Multi-State Agreement and Surplus Lines Clearinghouse, effective October 1, 2015. Read More

View All Legislative/Regulatory Developments
Alan D. Schnitzer to Succeed Jay S. Fishman as Travelers CEO, Effective December 1 Read More

Ironshore International Appoints Rowan Bamford as Global Head of M&A and Tax  
Read More

Berkshire Hathaway Specialty Insurance Introduces Bankers Professional Liability Insurance Read More

Arch Insurance Group Hires Shane McCaffrey to Head Its Defense Base Act Insurance Program 
Read More

Wilton Re Completes Acquisition of Transamerica Life Canada Read More

View All Industry News
Damage to Property Exclusions in the CGL Form


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

View Entire July/August 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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