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TODAY'S TOP DEVELOPMENTS Friday, March 4, 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

Insurance Fraud
California Appellate Court Dismisses Insurer’s Fraud Action Against Personal Injury Lawyer
An appellate court in California has dismissed an insurance carrier’s fraud action against a personal injury lawyer and his firm, ruling that the conduct by the lawyer and his firm was protected petitioning activity that also was protected by the litigation privilege. Read More

Claims Resolution
Arizona Appeals Court Rejects Assertion that Agent Was Negligent for Not Being a “More Aggressive Advocate”
An appellate court in Arizona, affirming a trial court’s decision, has rejected an insured’s negligence claim against its insurance agent, finding that the argument that the agent “should have tried harder” to pursue the insured’s claims with the insured’s insurance carrier and should have been a “more aggressive advocate” was not evidence of the agent’s negligence. Read More

Pollution Exclusion Precluded Coverage of Claims by Hotel Guests Harmed by Carbon Monoxide from Parking Garage Under Their Room
The U.S. District Court for the Middle District of Florida, applying Texas law, has ruled that a pollution exclusion in an umbrella insurance policy precluded coverage for claims that hotel guests had been injured by carbon monoxide that seeped into their room from a parking garage under their room. Read More

View All Case Law Developments

In the States

HSBC to Pay $4 Million to Settle Force-Placed Insurance Allegations
National mortgage lender and servicer HSBC has agreed to pay $4 million to resolve allegations that it received commissions and other kickbacks relating to force-placed insurance policies that it procured for Massachusetts homeowners.  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
J.D. Power 2016 U.S. Property Claims Satisfaction Study Shows Declines in Customer Satisfaction Read More

Virginia Tech Transportation Institute Finds Drivers Increase Crash Risk Tenfold When Emotionally Upset and More Than Double Crash Risk When Distracted  
Read More

Nearly 14 Percent of Deals Covered by M&A Insurance Resulted in a Claim, AIG Finds 
Read More

MetLife Confirms Discussions Regarding Potential Transaction with MassMutual  
Read More

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

View All Industry News
Certificate of Insurance and Status of Additional Insured


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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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