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TODAY'S TOP DEVELOPMENTS Monday, March 9, 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.


Total Pollution Exclusion Barred Coverage Even If Insured Did Not Disperse the Pollutant, Wisconsin Appeals Court Holds
An appellate court in Wisconsin, affirming a trial court's decision, has ruled that a total pollution exclusion applied to preclude coverage even if the insured did not cause the pollutant's dispersal. Read More

Employment Practices Liability

Finding that False Claims Act Suit Included a Theory of Recovery for Wrongful Employment Acts, Court Orders Insurer to Defend
A federal district court in Illinois has ordered an insurer that had issued an employment practices liability insurance policy to defend its insureds in an underlying False Claims Act suit after determining that the "relator" in that action had asserted a theory of recovery for wrongful employment acts in one paragraph of his 204 paragraph complaint. Read More

Life Insurance
11th Circuit Asks Florida Supreme Court to Decide If Insurable Interest Requirement Trumps Two-Year Contestability Period in STOLI Policies
The U.S. Court of Appeals for the Eleventh Circuit has asked the Florida Supreme Court to determine whether Florida's interest in prohibiting the issuance of insurance policies purchased by an individual with no insurable interest (so-called stranger-originated life insurance policies) trumps Florida's interest in requiring insurance companies to determine, within a designated period of time, whether a particular policy is subject to that or any other challenge. Read More

Eye on the Experts
Migrating Sand Triggers Separate Policy Limits for CGL Policy's Personal Injury and Property Damage Coverages
This Eye on the Experts article discusses a recent Indiana appellate court decision that found claims arising from the migration of foundry sand from property owned by the insured triggered coverage under a general liability policy, implicating both the $1,000,000 per occurrence limit for "personal injury" and the $1,000,000 per occurrence limit for "property damage." Read More

View All Case Law Developments

Health Insurance

California, Indiana, Maine, Missouri, New Hampshire, North Dakota, and South Carolina to Lead Multi-State Insurance Examination of Anthem
Seven members of the National Association of Insurance Commissioners will lead the multi-state examination of Anthem Insurance Companies, Inc., and its affiliates. Read More

Insurance Fraud

Former Insurance Brokers Solomon Ross and William Lieber Sentenced to Probation and Will Make Restitution of $1.5 Million
Solomon Ross and William Lieber, former insurance brokers for the Metropolitan Council on Jewish Poverty, have been sentenced to five years of probation and both will pay $1.5 million in restitution to the council. As part of their sentence, they also will surrender their broker's licenses to the New York State Department of Financial Services. Read More

View All Legislative/Regulatory Developments
FC&S Legal Publishes "Class Actions — Insurance Related Claims" Read More

Sun Life and BCE Reach $5 Billion Longevity Insurance Agreement Read More

AXA Launches €200 Million Venture Capital Fund
Read More

XL Group's Excess and Surplus Insurance Business Expands Team to Launch New Product Line
Read More

Allied World Offers New Insurance Product to Airbus' Customers Read More

View All Industry News
Coverage for Domestic and Agricultural Employees


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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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