In the 1970s, Marsh and McLennan (now known as Marsh USA, Inc.) was working not just with asbestos manufacturers but also with the Loews Corporation, the holding company for cigarette maker Lorillard. In January 1979, Marsh's Richard Schuster asked the claims department to research "asbestosis claims and tobacco companies." In March 1979, a memorandum was prepared for Mr. Schuster by Christine Hellman of Marsh's Casualty Claims Department. Attached to the memorandum was:
"1. A computer print out of a listing of the titles of 38 articles pertaining to the subject in question in addition to the print out of selected citations. This was prepared by our library. It can be passed on to the insured and they may decide which articles they feel may be helpful.
2. An article from the New York Law Journal, December 13, 1978, providing background information with respect to Asbestosis.
3. A copy of the Workmen's Compensation appeal for a decision of Bovert v. Johns-Manville in which smoking contributed to the claimant's condition but was not held compensible."
Hellman's memorandum further stated that:
"I have discussed this subject with Bob Zols, Area II Claims, who is quite familiar with many of the aspects of the Asbestosis claims as a result of his handling the account, Johns-Manville. He cannot recall any instances in which a tobacco company as a defendant in an Asbestosis claim has been held responsible. He does concede, however, that his experience has shown in countless cases there is a higher incidence of lung cancer among Asbestos workers who smoke."
It was suggested that Mr. Schuster provide the attached materials to Loews and request that they return the listing of articles noting any citations they wish Marsh to obtain for them.
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