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TODAY'S TOP DEVELOPMENTS Thursday, April 14, 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 Commercial General Liability 4th Circuit Affirms Decision That CGL Policy Covered Suit Asserting Data Breach Claims The U.S. Court of Appeals for the Fourth Circuit has affirmed a decision by the U.S. District Court for the Eastern District of Virginia that the insurer that issued a commercial general liability insurance policy was obligated to defend its insured in a class action complaint alleging a data breach that resulted in the underlying plaintiffs’ private medical records being available on the internet for over four months.  Read More Case Study How a Settled Coverage Dispute Still Led to Litigation Between the Insurer and the Insured Negotiated settlements between insurers and insureds sound like a good way to limit litigation. But as a recent decision by the U.S. District Court for the Eastern District of California illustrates, ambiguities in a settlement agreement can mean that litigation continues – over the settlement agreement, if not the underlying coverage dispute.  Read More Commercial Property N.Y. Appeals Court Affirms “No Coverage” Ruling Despite Omission in Disclaimer Letter An appellate court in New York, affirming a trial court’s decision, has ruled that an omission in an insurer’s disclaimer letter did not preclude it from subsequently relying on a policy exclusion to avoid coverage of an insured’s claim.  Read More Automobile Insurance One Accident, or Two? Iowa Supreme Court, Applying “Prevailing Cause Theory,” Rules That Two Collisions Were One Accident The Iowa Supreme Court, applying the “prevailing cause theory,” has ruled that, where no cause intervened between a truck-SUV collision and a motorcycle-SUV collision seconds later, there was one accident, not two.  Read More View All Case Law Developments    LEGISLATIVE/REGULATORY In the States Georgia Regulators Approve Heritage Insurance to Write P & C Insurance in Georgia The Georgia Office of Insurance Regulation has granted approval to Heritage Property & Casualty Company, a subsidiary of Heritage Insurance Holdings, Inc., a property and casualty insurance holding company, to write property and casualty policies in the state.  Read More In the States New Mexico Insurance Superintendent John G. Franchini’s Term is Extended through 2019 John G. Franchini, the New Mexico Superintendent of Insurance, has had his term extended through 2019.  Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Aspen American Insurance and Physicians Protector Plan Partner for Physicians’ Professional Liability Insurance   Read More EmblemHealth, Northwell Sign New Leadership Agreement   Read More Centene Completes $6 Billion Acquisition of Health Net   Read More Zurich Closes $700 Million Deal to Acquire Crop Insurer RCIS   Read More FC&S Legal Publishes “2015 Excess and Surplus Lines Laws: New Mexico”   Read More View All Industry News   Form Analysis Exclusion – Injury or Damage from Genetically Modified Crops, Grains, Trees, Animals or Fish Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Spring 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