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TODAY'S TOP DEVELOPMENTS Wednesday, January 20, 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.  CASE LAW 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 Commercial General Liability Montana Supreme: Undefined Term “General Aggregate” Was Ambiguous and Maximum Amount Applied Individually to Both Underlying Coverages The Montana Supreme Court has ruled that the commonly used – but undefined – term “general aggregate” was ambiguous in a commercial transportation insurance policy and, as a result, the maximum amount applied to all coverages under the entire policy. Read More 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 Ohio Supreme: Insurer’s Issuance of Repair Estimate Was No “Consumer Transaction” The Ohio Supreme Court has ruled that an insurance company had not engaged in a “consumer transaction” as defined in the Ohio Consumer Sales Practices Act when it issued a repair estimate in relation to its policyholder’s claim for motor vehicle damage and, therefore, that the insurer had not become a party to a consumer transaction in these circumstances. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Reinsurance 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 In the States Texas Insurance Department Seeks Professionals to Conduct Windstorm Model Peer Review The Texas Department of Insurance is seeking professionals to conduct a peer review of a model developed to determine causes of insured losses on the coast. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Matthew Schlesinger Joins Covington’s Insurance Recovery Practice as a Partner  Read More Most Serious Workplace Injuries Cost U.S. Companies $62 Billion per Year, According to Liberty Mutual Report  Read More Insurance Recovery Attorney Eric G. Barber Joins Michael Best as a Partner  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 View All Industry News   ISO Form MH 04 27 10 15 Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire January/February Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.com 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 www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com. 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