Nationwide Ins. Co. v. Central Laborers' Pension Fund, No. 12-1784 (7th Cir. 2013)Annotate this Case
Hentz is an accountant with a firm employed by pension funds to perform accounting and auditing services. The firm possessed a compact disc containing confidential and protected information, including the names, birth dates, and Social Security numbers of approximately 30,000 participants and beneficiaries of the funds. The firm agreed in writing to ensure that it would safeguard the information on the compact disc. Hentz placed the compact disc in a laptop, put the laptop in her personal vehicle, and parked in the open at her residence. The laptop and disc were stolen. The funds incurred nearly $200,000 in credit monitoring and insurance expenses and sued Hentz, who tendered the defense to Nationwide, which had written her homeowner’s insurance policy. Nationwide obtained a declaration that it had no duty to defend or indemnify Hentz because the policy does not cover damage to property rented to, occupied or used by or in the care of the insured or arising out of or in connection with a business conducted from an insured location or engaged in by an insured, whether or not the business is owned or operated by an insured or employs an insured. The Seventh Circuit affirmed.