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TODAY'S TOP DEVELOPMENTS Friday, January 22, 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.


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
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

Homeowners Insurance
Mississippi Supreme: “All-Risk” Policy Did Not Cover Loss Suffered When Barge Allided with Home During Hurricane Katrina
The Mississippi Supreme Court, affirming an appellate court decision, has ruled that an “all-risk” homeowners’ insurance policy that excluded from coverage loss caused by wind damage and loss caused by water damage did not cover the insured’s claim that her home had been damaged by a casino barge during Hurricane Katrina.  Read More

Automobile Insurance
Delaware Supreme Court Rejects Policyholders’ Argument that Insurer Must Process All PIP Claims within 30 Days
The Delaware Supreme Court, affirming a trial court’s decision, has rejected two policyholders’ contention that Delaware law required their automobile insurance company to process all personal injury protection (“PIP”) claims within 30 days. Read More

View All Case Law Developments

Health Insurance

CMS Could Not Effectively Ensure that Advance Premium Tax Credit Payments Made Under Obamacare Were Only for Enrollees Who Paid Their Premiums, Report Finds
The Centers for Medicare and Medicaid Services (“CMS”) could not ensure that advance premium tax credit payments made to qualified health plan issuers were only for enrollees who had paid their premiums, according to a report by the Office of Inspector General for the U.S. Department of Health and Human Services. Read More

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

View All Legislative/Regulatory Developments
Aviva Says It Thwarted £250,000 Bogus Whiplash Claim by “Party Bus” Passengers  Read More

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

FC&S Legal Publishes “Mind the Gaps: Path to Privacy and Cyber Related Insurance Coverage Remains Uncertain” in its Flagship Publication, the Insurance Coverage Law Report  
Read More

View All Industry News
Form Analysis
Motor Carrier Coverage Form


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.
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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