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TODAY'S TOP DEVELOPMENTS Monday, February 29, 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.


Business Owners
Claim Arising Out of Insured’s Allegedly Negligent Handling of Electronic Data Was Not for “Property Damage,” Appeals Court Says
An appellate court in New York, reversing a trial court’s decision, has ruled that a lawsuit against operators of fast food restaurants seeking damages for their allegedly negligent handling of customers’ credit card information was not a claim for “property damage” and, as a result, the restaurants’ insurance carrier had no obligation to provide a defense. Read More

Automobile Insurance
Release Signed by Insured “Unambiguously” Barred Her Bad Faith Claim as a Matter of Law, California Appeals Court Rules
A release signed by an insured when she received a settlement from her automobile insurance carrier barred her bad faith claim against her insurer as a matter of law, an appellate court in California has ruled. Read More

Automobile Insurance
In Another Case, California Appeals Court Again Holds that Release “Unambiguously” Included Insured’s Known Bad Faith Claim
A California appeals court has ruled that a release signed by an insured in favor of her automobile insurance carrier released a bad faith claim she later asserted against the insurer stemming from the same auto accident that was the subject of the release. Read More

Homeowners Insurance
Insurer Was Not Entitled to Summary Judgment Where It Was Unclear if Homeowner Resided in Insured Property, Appeals Court Decides
An appellate court in New York has ruled that an insurance company was not entitled to summary judgment in a coverage action because it was not clear if the insured homeowner resided at the insured property – even though the trial court in the underlying personal injury action had dismissed the complaint against the homeowner on the basis that she was an out-of-possession owner of the property. Read More

View All Case Law Developments

In the States

Barbara Richardson Appointed Nevada Insurance Commissioner
Barbara Richardson has been appointed commissioner of the Nevada Division of Insurance.  Read More

Insurance Fraud
Connecticut Man Pleads Guilty to Insurance Fraud, Arson, and Other Offenses
John A. Barile, of East Hartford, Connecticut, has pleaded guilty in Hartford federal court to insurance fraud, arson, gambling, and extortion offenses.  Read More

View All Legislative/Regulatory Developments
Pioneer Special Risk Begins Underwriting Environmental Liability Read More

RLI Executive Products Group Creates New Cyber Liability Unit  
Read More

Allianz Life Hires Stephen Kennedy as Senior Vice President of Operations  
Read More

Berkshire Hathaway Specialty Insurance Launches Executive First Portfolio for Nonprofit Organizations in the U.S.  
Read More

FC&S Legal Publishes “Protecting the Lender’s Rights Over the Borrower’s Insurance”  
Read More

View All Industry News
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View Entire January/February Insurance Coverage Law Report
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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.
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

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