March 11, 2010 by Scott Godes
The fine folks at Strategize Magazine have published an article that I wrote, along with my colleague, Ken Trotter. The article is titled, “At Risk: Insurance Coverage for Cyber Security and Data Breaches.” It’s in the January/February 2010 edition of the magazine.
Strategize is a magazine that promises:
in each issue of Strategize, we’ll clear out the clutter to reveal what’s really relevant. Our aim is to be your one-stop information source that brings the reader to the boardroom, following the national trends that affect business today, and the innovations of our most provocative business leaders.
Our article gives a clear and easy to read overview of insurance coverage for cyber security and data breach claims. We give real world examples of data breaches and cyber security incidents, and how they affect businesses today. We also discuss coverage for those types of claims under commercial general liability insurance policies, first party insurance policies, crime policies, directors and officers policies, and more. Interested?* Then aim your mouse here to read “At Risk: Insurance Coverage for Cyber Security and Data Breaches.”
* Even if you’re not that interested in the topic, it’s worth the click to see the cool online magazine format and graphic that they put with the article.
Disclaimer:
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
Tags: CGL, Cyber insurance, Data breach, Data breach insurance coverage, DDoS, Denial-of-service, First party insurance coverage
Posted in Cloud computing, Cyber insurance, D&O Insurance, Data breach insurance coverage, Denial-of-service | Leave a Comment »
March 10, 2010 by Scott Godes
At the 2010 Insurance Coverage Litigation Committee CLE Seminar, which the American Bar Association Insurance Coverage Litigation Committee hosted in Tucson, Arizona on March 4-6, 2010, I filled in for my colleague, Jim Murray, for the plenary session”Knockin’ on Heaven’s Door: Perspectives on Litigation and Negotiation of High-Damage Claims in 2010 and Beyond.” I was joined by William B. Hedrick of Marsh USA Inc., Laura McKay of Hinkhouse Williams Walsh LLP, Gordon McKay of Arcina Risk Group, and Jeffrey M. Posner of JM Posner, Inc.
We had a great discussion about the practical issues facing policyholders and insurance companies when claims reach high level excess policies. Our topics ranged from the duty to defend, changes in London market insurance in the last few decades, and who handles and pays for claims handling when in high levels of coverage.
The Lexis Insurance Law Center has posted a brief recap of the panel and the supporting materials, in a blog post entitled “Issues Confronting Insureds and Excess Insurers in Large-Scale, Long-Tail Claims.” You can see the post by clicking here.
Disclaimer:
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
Tags: Allocation, Asbestos, Defense Costs, Duty to defend, Excess Insurance
Posted in Allocation, Asbestos, Defense Costs, Excess Insurance | Leave a Comment »
March 3, 2010 by Scott Godes
Tags: Cloud computing, Cyber insurance, Data breach, Data breach insurance coverage, Denial-of-service
Posted in Cloud computing, Cyber insurance, Data breach insurance coverage, Denial-of-service, Duty to defend, First party insurance coverage, Uncategorized | Leave a Comment »
February 19, 2010 by Scott Godes
On March 30, 2010, from 2:00 – 3:40 pm (Eastern), I will be presenting at a CLE teleconference: “The Hot Buttons in Asbestos Insurance Litigation,” hosted by HB Litigation Conferences. My co-presenters will be Barry Buchman of Gilbert LLP andAndrew Frankel of Simpson Thacher & Bartlett LLP.
It should be a great CLE, as the three panelists have a good deal of experience in litigating coverage for asbestos claims, both in coverage litigation in state and federal courts, as well as in the context of asbestos-related bankruptcies, including adversary actions.
Here’s the agenda:
• Choice of law: what rules govern your claims and policies
• Update on current coverage litigation cases that are impacting the litigation
• The contribution issue in light of Keasbey
• Allocation issues–the ol’ debate–pro rata or all sums: the jurisdictions still at play and why
• Multiple party, multiple policy claims on the rise: why and what kinds of cases are we seeing?
• Insurance and bankruptcy: premises/operations claims and standing in a 524(g) plan?
• The big elephant in the room–MMSEA: what are the insurers and self-insured responsibilities with reporting?
To register, you can download the Registration Form and mail/fax/email it to HB Litigation Conferences, complete the online form, or e-mail or call Brownie Bokelman at 484-324-2755 x 212 to register.
Disclaimer:
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
Tags: Allocation, Asbestos, Bankruptcy, Choice of law, Non-Products, Premises/operations (non-products) coverage
Posted in Allocation, Asbestos, Bankruptcy, Premises/operations (non-products) coverage | Leave a Comment »
January 28, 2010 by Scott Godes
My good friends at HB Litigation Conferences present:
The NetDiligence® Cyber Risk & Privacy Liability Forum
June 7-8, 2010 | The Union League, 140 South Broad Street, Philadelphia, PA
I’ll be a speaker on a panel discussing insurance coverage for cyber risk and privacy issues. Here’s the topic for my panel:
Are You Covered When Hackers Get Through?
• Does a company have coverage for data breaches?
• Knowing your client and when to advise coverage
• Advising clients who have been hacked
• How to secure coverage for future incidents
• Finer legal points of coverage-handling fines, penalties, and notice costs
• Business interruption claims
Moderator: Nicholas Economidis, Specialty Lines, Beazley Group, Philadelphia
Scott Godes, Esq, Dickstein Shapiro, Washington, DC
Oliver Brew, Vice President of Technology, Media and Telecoms Underwriting, Hiscox USA, Westchester, NY
Richard Bortnick, Esq., Cozen O’Connor, West Conshohocken, PA
Take a look at the full agenda by clicking here. And you can register online by clicking here.
Disclaimer:
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
Tags: CGL, Cloud computing, Commercial General Liability, Comprehensive General Liability, Contract drafting, Cyber insurance, Data breach, Data breach insurance coverage, DDoS, Denial-of-service
Posted in Cloud computing, Contract drafting, Cyber insurance, Data breach insurance coverage, Denial-of-service | Leave a Comment »
January 15, 2010 by Scott Godes
The fine folks at the Lexis Insurance Law Center have republished my post, “Dusting Off an Old Law” – Insurance Coverage for Trespass to Chattels Claims. Many thanks to my friend Karen Yotis for putting the article online.
Disclaimer:
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
Tags: Cloud computing, Commercial General Liability, Comprehensive General Liability, Cyber insurance, Data breach, Data breach insurance coverage, DDoS, Denial-of-service
Posted in Cloud computing, Cyber insurance, Data breach insurance coverage, Denial-of-service | 1 Comment »
January 5, 2010 by Scott Godes
When you hear “cloud computing,” is insurance the first thing that you think of? No? I’m the only one who thinks that way? Well, if you were wondering about the implications of cloud computing on insurance and risks, I co-wrote an article with my colleague, Idan Ivri that addresses those questions.
First, what does “cloud computing” mean? We explain:
Cloud computing is a loose term, but it generally refers to storing user data or applications on a remote server rather than on users’ own systems. A 2009 industry study by Coda Research Consultancy estimated that, by 2015, various forms of such software could represent 17% of all information technology spending worldwide.
That sounds great, doesn’t it? The idea is that you and your business don’t have to buy expensive suites of software or massive servers and hard drives to store all of your applications, because you will be able to access them via a third party (sometimes known as a third party application service provider (ASP) or software as a service (SAAS)).
But is cloud computing all silver lining, and no, uh, grey cloud? We note:
[I]f developers make privacy the top priority, cloud-computing developers may face those that say they should be liable for the bad behavior of unsavory customers seeking a dark place to host illegal data or viruses.
On the other hand, privacy standards that are too low could make developers liable for data theft against legitimate users, or for putting private data into the hands of advertisers. Developers will also have to handle disruptions or unavailability of data and services to end users.
Do developers, ASPs and SAAS providers have insurance to cover those risks? Will “traditional” insurance policies cover? What about specialized “cyber” policies? For the rest of the discussion about insurance for cloud computing, click on over to the full article at Software Development Times on the Web.
Disclaimer:
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
Tags: Business interruption, CGL, Cloud computing, Commercial General Liability, Contingent business interruption, Cyber insurance, Data breach, Data breach insurance coverage, Defense Costs, Denial-of-service, Duty to defend, First party insurance coverage
Posted in Business interruption, Cloud computing, Contingent business interruption, Cyber insurance, Data breach insurance coverage, Defense Costs, Denial-of-service, Duty to defend, First party insurance coverage | 2 Comments »
December 10, 2009 by Scott Godes
Insurance Law360 just published a piece that I wrote explaining why reinsurance information should be discoverable in the context of insurance coverage disputes between insurance companies and their policyholders. Here’s the opening paragraph:
Like that adage from political campaigns — if you repeat something often enough, it will be accepted as true — insurers in insurance coverage disputes with their policyholders assert time and time again that reinsurance documents are irrelevant to how their policy language should be interpreted and how the policyholders’ claims should be covered.
But reinsurance information is not irrelevant, of course. In fact, it’s just the opposite in the context of coverage disputes. Why, then, do insurance companies argue so vociferously that reinsurance is not discoverable?
Insurance companies fight to keep reinsurance documents from seeing the light of day in coverage disputes with their policyholders because reinsurance documents contain relevant, and likely unguarded, discussions of the appropriate insurance coverage for the claims, as illustrated by insurers’ and reinsurers’ publicly available briefs, pleadings and exhibits to court filings.
I give several reasons why reinsurance is discoverable and why it’s relevant. For example, in one of the sections, I explain that “reinsurance documents are relevant because they discuss the policyholder’s claims, how those claims fit within the disputed insurance policies, and notice of the claims.” And what could be more relevant to a coverage dispute than that?
Now that I’ve whet your appetite on the subject, click on over to Insurance Law360 to see the article. Or, check out the reprint here, hosted on Dickstein Shapiro LLP’s website.
Disclaimer:
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
Tags: Asbestos, CGL, Commercial General Liability, Comprehensive General Liability, Discovery, Reinsurance
Posted in Asbestos, Discovery, Reinsurance | 1 Comment »
December 3, 2009 by Scott Godes
In the December 2009 edition of e-Commerce Law & Strategy, you’ll find my new article:
Data Breaches Are Not Going Away
Will Your Company Be Covered for Those Risks?
By Scott Godes
Because the costs of data breaches can be so astronomically high, the importance of ensuring that e-commerce and other types of firms have insurance to cover such claims cannot be overstated.
I don’t want to give away the entire article…but, as you might imagine, I discuss the availability of insurance coverage for data breaches within the piece. The article analyzes coverage under Commercial General Liability, Business Owners Policies, and other sources of insurance coverage for data breaches. Click on over for the full version of the article.
Update: A reprint of the full article now is available here.
Disclaimer:
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
Tags: CGL, Cloud computing, Commercial General Liability, Cyber insurance, D&O Insurance, Data breach, Data breach insurance coverage, Defense Costs
Posted in Cloud computing, Cyber insurance, D&O Insurance, Data breach insurance coverage, Defense Costs | 2 Comments »
December 2, 2009 by Scott Godes
Disclaimer:
This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
Tags: Asbestos, CGL, Commercial General Liability, Comprehensive General Liability, Defense Costs, Duty to defend
Posted in Defense Costs, Duty to defend | 3 Comments »
