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TODAY'S TOP DEVELOPMENTS Wednesday, March 11, 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.


Asbestos Exclusion from 1985 Policy Was Ambiguous and Did Not Bar Coverage for Claims in Underlying Asbestos-Related Suits, Pennsylvania District Court Rules
A federal district court in Pennsylvania has ruled that an asbestos exclusion — "arising out of asbestos" — was ambiguous and ineffective to preclude insurance coverage for the policyholder against claims made in underlying asbestos-related lawsuits. Read More

Commercial Property

Independent Adjuster's Emails and Worksheet Notes Were Not Protected from Discovery, but Adjuster's Draft Affidavit Prepared by Insurer's Counsel Was
In a coverage case, a federal district court in Louisiana has ruled that emails to an independent adjuster and notes he made on a worksheet describing his communications with the insurance company's attorney had to be disclosed to the insured plaintiff, but that a draft affidavit prepared by the insurer's attorney for the adjuster was protected from disclosure by the work-product doctrine. Read More

Crime and Employee Dishonesty
Bond Did Not Cover Bank's Ponzi Scheme Losses Where Bank Could Not Show that Allegedly Forged Personal Guaranty Had Proximately Caused Its Losses, Eighth Circuit Holds
The U.S. Court of Appeals for the Eighth Circuit, affirming a Minnesota district court's decision, has ruled that a financial institution bond did not cover a bank's losses in a Ponzi scheme where the bank could not show that an allegedly forged personal guaranty was a proximate cause of its losses. Read More

Eye on the Experts
Harmonizing Risk Transfer: Avoiding Pitfalls with Additional Insured Provisions
This Eye on the Experts article discusses the contractual additional insured provision, which is an important tool in managing risks. Read More

View All Case Law Developments

In the States

"Extraordinary Denial Rate" of Earthquake Claims Prompts Oklahoma Insurance Department to Warn Insurers and to Consider Market Conduct Exams
The Oklahoma Insurance Department, citing the "extraordinary denial rate" of earthquake claims, has warned property and casualty insurance companies about how they handle earthquake insurance claims, including the denial of claims on the ground that they were caused by fracking. Read More

In the States

Missouri Department of Insurance: Sinkhole Coverage Offered through FAIR Plan
Missourians now can purchase sinkhole coverage through the Missouri Property Insurance Placement Facility, also known as the FAIR Plan. The plan started issuing the standalone sinkhole loss policy earlier this year to supplement an applicant's primary coverage. Read More

View All Legislative/Regulatory Developments
Insurance Company Defense Attorney Briana M. Montminy Joins Burr & Forman as a Partner Read More

Drew Steigler Joins Advantage Title as Chief Underwriting Counsel Read More

FC&S Legal Publishes "Pennsylvania Supreme Court Holds Policyholders May Assign Their Statutory Right to Recover Punitive Damages Arising from Insurer's Bad Faith"
Read More

Janelle Frost Appointed CEO of AMERISAFE
Read More

Security Life Insurance Launches Individual Vision Insurance Product Read More

View All Industry News
Reasonable Expectations


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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.

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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