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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.  CASE LAW 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    LEGISLATIVE/REGULATORY 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      INDUSTRY NEWS 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   ISO Form CA 20 19 10 13 Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire January/February Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.com 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 www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com 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 1-800-543-0874