Problems viewing this email? Click Here

TODAY'S TOP DEVELOPMENTS Friday, June 3, 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.


Eye on the Experts
Two Is Better Than One: CGL Policies Complement Cyber Insurance in Protecting Companies Against the Rising Costs Associated with Data Security Breaches
This Eye on the Experts article discuses a recent decision by the U.S. Court of Appeals for the Fourth Circuit affirming a district court's ruling that a class action lawsuit arising out of a data security breach triggered an insurer's duty to defend under a commercial general liability insurance policy's "Advertising Injury" coverage section. Read More

Eye on the Experts
Texas Federal Court Finds Factual Allegations Trump Legal Theories for Coverage Purposes
This Eye on the Experts article explores a recent Texas federal court decision holding that factual allegations in the complaint require that a general liability insurer defend an association of board-certified allergists in a suit alleging anti-competitive business practices, even though none of the complaint's causes of action triggered coverage. Read More

Eye on the Experts
Pollution Exclusion Applies to Lead Poisoning Claim under CGL Policy
This Eye on the Experts article discusses a recent Supreme Court of Georgia decision holding that a commercial general liability policy pollution exclusion does indeed exclude coverage for a personal injury claim related to ingestion of lead-based paint. Read More

Financial Institution Bond
Eighth Circuit: Financial Institution Bond Covered Damage from Malware That Allowed Third Party to Transfer Bank's Funds to Foreign Account
The U.S. Court of Appeals for the Eighth Circuit, affirming a decision by the U.S. District Court for the District of Minnesota, has ruled that a financial institution bond covered losses suffered by a bank when its computer became infected with malware, allowing a criminal third party to transfer $485,000 from the bank to a foreign bank account. Read More

View All Case Law Developments

Insurance Fraud

Florida Insurance Agent, Convicted of Insurance Fraud, Sentenced to Seven Years in Prison
Insurance agent Mario Ferreri, from Orlando, Florida, has been sentenced to seven years in prison and ordered to pay back nearly $1.3 million in restitution. Read More

Federal Actions
Senator Warren Warns That Insurance Safety Net Is Fraying for Gig Workers
In a speech about the so-called "gig" economy before the New America annual conference in Washington, D.C., Senator Elizabeth Warren (D-Mass.) warned that "[t]he safety net – unemployment insurance, workers comp, Social Security – hasn't been updated to fill in the holes that employers have created." Read More

View All Legislative/Regulatory Developments
Berkshire Hathaway Specialty Insurance Names Jeff Meyer and Michael Hopkins to Lead Medical Stop Loss Sales in the U.S. Read More

XL Group Appoints Sean McGovern as Chief Compliance Officer, Head of Regulatory & Government Affairs 
Read More

Stephen Postlewhite Appointed CEO of Aspen Insurance; Thomas Lillelund Named CEO for Aspen Re 
Read More

Pan-American Life Insurance Group Names Rodolfo Revuelta Executive Vice President 
Read More

Cybersecurity Breaches Hit Nearly Three in Four Organizations, New CompTIA Research Reveals 
Read More

View All Industry News
Underinsured Motorist Coverage and WC


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

View Entire Spring 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

FC&S Legal: The Insurance Coverage Law Information Center

To ensure future delivery of email, please add
to your address book, contacts or safe sender list.

You have received this email at %%merge members_.emailaddr_%%.
Click here to unsubscribe from %%merge list.descshort%%.
Copyright ©2016 The National Underwriter Company, A Division of ALM Media LLC.
All rights reserved.
4157 Olympic Blvd., Suite 225
Erlanger, KY 41018