August 2, 2011
On August 10, 2011, from 1:00 pm to 3:30 pm (Eastern), my friends at HB Litigation Conferencesare hosting a CLE teleconference: “Asbestos Insurance Litigation Audiocast.” It is going to be a great event. I’m going to be speaking at 1:00 pm, presenting with Jack Gerstein on a panel titled, “Revisiting Policy Limits.” You can review the entire agenda by clicking here (PDF). You’ll get either 3 or 3.5 CLE credits, depending on your jurisdiction.
My presentation will include a discussion about the following points, in the context of insurance coverage for asbestos claims:
• The impact of products hazard versus premises/operations (non-products) claims
• The impact of the number of occurrences
• The impact of additional insureds
• Issues relating to annualized limits
• Types of actions – from Wellington arbitrations to claims alleging misrepresentation
To register, you can download the Registration Form (PDF) 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 present 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. 2011.
Note: as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.
2 Comments | 
Additional Insured, Asbestos, Duty to defend, Premises/operations (non-products) coverage | Tagged: Additional Insured, Asbestos, Comprehensive General Liability, Duty to defend, Non-Products, Number of occurrences, Premises/operations (non-products) coverage | 
Permalink
Posted by Scott Godes
October 8, 2010
If your business suffered losses from a cybersecurity incident, a denial-of-service attack, or some other computer-, network-, or internet-related event, would you know whether your insurance would cover the losses? If your insurance company denied your claim, would you know whether the insurance company had done so properly?
Well, if you’d like some additional thoughts on these issues, check out my post at the AgentsOfAmerica.ORG website. They posted my piece titled, “Insurance Coverage for Cyberattacks and Denial-of-Service Incidents” and also featured it in their newsletter. In my post, I discuss insurance coverage for cyberattacks, cybersecurity events, denial-of-service (DDoS) attacks, and more. I note a couple of recent cases finding in favor of insurance for these sorts of events under commercial general liability (CGL) insurance policies as well as new cyber insurance policies.
So head over to the AgentsOfAmerica.ORG site and check out my post to see more!
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 present 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. 2010.
Leave a Comment » | Business interruption, Cloud computing, Contingent business interruption, Cyber insurance, D&O Insurance, Data breach insurance coverage, Defense Costs, Denial-of-service, Duty to defend | Tagged: Business interruption, CGL, Cloud computing, Commercial General Liability, Contingent business interruption, Cyber insurance, Cyberattack, Data breach insurance coverage, DDoS, Defense Costs, Denial-of-service, Duty to defend, First party insurance coverage | Permalink
Posted by Scott Godes
July 23, 2010
LexisNexis was kind enough to have me record a podcast regarding insurance coverage for cyber liabilities. As LexisNexis states on the Insurance Law Center:
On this edition, Scott Godes discusses the types of cyber liabilities facing companies today, what to do, in terms of insurance, if a cyber incident or data breach occurs and types of policies that provide coverage for a cyber event. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/insurancelaw/.
If you’d like to hear the entire podcast, please click 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 present 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. 2010.
2 Comments | 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 | Tagged: CGL, Cloud computing, Commercial General Liability, Contingent business interruption, Cyber insurance, Cyberattack, Data breach, Data breach insurance coverage, DDoS, Defense Costs, Denial-of-service, Duty to defend, First party insurance coverage | Permalink
Posted by Scott Godes
July 1, 2010
We all know what happens in summer time – lounging by the pool, re-runs on TV, and scrambling for CLE, right? Of course, your thirst for knowledge about the latest information in the world of insurance coverage and asbestos claims remains unquenched. Do I have the solution for you! Sign up for the Asbestos Insurance Litigation Audiocast with Live Q&A. It will run on July 15, 2010 from 1:00 pm to 4:30 pm Eastern. You’ll be able to get Continuing Legal Education credit right from your desk! And, like they say on tv, “if you haven’t seen it [live when we presented this information in Philadelphia], it’s new to you!” Plus, unlike tv shows being run for an encore round, this CLE will have live Q&A. Live! You can ask questions, and you won’t have to go through voicemail jail or hear that your question is important to us, so please keep holding.* Click here for a link to the full agenda.
My presentation includes a fascinating discussion about premises/operations insurance coverage, also known as “non-products” amongst us cool insurance practitioners.
To register, download the Registration Form and mail/fax/email it to my friends at HB, complete the online form, or call Brownie Bokelman at 484-324-2755 x 212 to register.
* Actually, I can’t guarantee that you won’t hear that.
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 present 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. 2010.
Note: as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.
1 Comment | Asbestos, Discovery, Duty to defend, Number of occurrences, Occurrence, Premises/operations (non-products) coverage | Tagged: aggregate limits, Asbestos, CGL, Commercial General Liability, Comprehensive General Liability, Non-Products, Number of occurrences, Premises/operations (non-products) coverage | Permalink
Posted by Scott Godes
June 20, 2010
On Wednesday, June 23, 2010. from 2:00 – 3:40 pm (Eastern). I’m going to be part of a panel discussing “The Hot Buttons in Asbestos Insurance Litigation.”
We’re going to cover:
The Keasbey ruling: contribution and trigger
Allocation–pro rata or all sums: jurisdictions still at play, choice of law and related
Aggregate limits and “non-products” disputes
Insurance and bankruptcy: the current landscape
This discussion qualifies for between 1.5 to 2.0 continuing legal education (CLE) credits, depending on state requirements. View the CLE credit details.
Want to sign up? Purchase the teleconference Audio Package (includes MP3 audio recording files and handbook on CD). To order or learn more, click here, call 484-324-2755, or email allison.emery@litigationconferences.com.
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 present 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. 2010.
Leave a Comment » | Allocation, Asbestos, Bankruptcy, Defense Costs, Duty to defend, Excess Insurance, Number of occurrences, Occurrence | Tagged: Allocation, Asbestos, CGL, Comprehensive General Liability, Duty to defend, Non-Products, Number of occurrences, Occurrence, Premises/operations (non-products) coverage | Permalink
Posted by Scott Godes
May 19, 2010
Can you think of many, or, in fact, any, companies that are risk free when it comes to the areas of intellectual property or cybersecurity? If you represent companies with risks relating to intellectual property and cybersecurity, what insurance coverage would apply if those risks turned into claims and potential liabilities? Are you familiar with the developing body of insurance coverage law in those areas?
I’m the author of a forthcoming treatise chapter that answers those exact questions. It’s the “Insurance Coverage for Intellectual Property and Cybersecurity Risks” chapter of the New Appleman Law of Liability Insurance, Second Edition, to be released in June 2010. Here’s the chapter’s introduction:
Two developing areas of insurance coverage law are the issues of insurance coverage for intellectual property-based claims and cybersecurity-based claims. This chapter describes coverages available for such claims. The chapter first analyzes and details the development of coverage for intellectual property claims through advertising injury found in general liability insurance policies, as well as other coverages. The chapter then analyzes coverage for cybersecurity claims. The area of coverage for cybersecurity claims is, relative to most insurance coverage topics, quite nascent, and the chapter considers decisions that should be seen as analogous to this developing topic. The chapter discusses coverage for cybersecurity claims under general liability, first-party, and other policies, as well as new policies being marketed as specific to cybersecurity risks and claims.
The intellectual property section of the chapter provides a basic overview of various types of intellectual property risks and provides a detailed discussion of how insurance policies apply to those risks. The chapter explains the legal principles at issue when seeking insurance coverage for such risks and potential liabilities. The chapter discusses the majority and minority rules for various issues and provides an analysis of the various exclusions that insurance companies have cited when trying to deny coverage for intellectual property claims.
The cybersecurity section of the chapter provides an overview of the new and growing cybersecurity risks faced today and details what insurance policies apply to those risks. The chapter details how courts have ruled on coverage questions for cybersecurity and computer-related risks and liabilities. For those areas of the law that are not as well-developed, in light of the relatively new nature of cybersecurity risks, the chapter notes analogous caselaw and how those holdings should apply to cybersecurity claims. The section also notes issues to consider for companies in the market for new and specialized cybersecurity insurance policies.
This post appeared originally at the Lexis Insurance Law Community.
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 present 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. 2010.
1 Comment | 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, Uncategorized | Tagged: Business interruption, CGL, Cloud computing, Commercial General Liability, Contingent business interruption, Cyber insurance, Data breach, Data breach insurance coverage, DDoS, Defense Costs, Duty to defend, First party insurance coverage | Permalink
Posted by Scott Godes
April 15, 2010
On April 21, 2010, from 9:00 am to 5:30 pm (Eastern), my friends at HB Litigation Conferences are hosting a live CLE : “Asbestos Insurance Conference.” It is going to be a great event. I’m going to be speaking at 11:30 am, presenting on a panel titled, “Revisiting Policy Limits.” You can review the entire agenda by clicking here (PDF). To find information on CLE credits, click here.
My presentation will include a discussion about the following points, in the context of insurance coverage for asbestos claims:
• The impact of products hazard versus premises/operations (non-products) claims
• The impact of the number of occurrences
• The impact of additional insureds
• Issues relating to annualized limits
• Types of actions – from Wellington arbitrations to claims alleging misrepresentation
To register, you can download the Registration Form (PDF) 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 present 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. 2010.
Note: as a speaker at the conference, I was not charged a fee to attend the remainder of the conference.
Leave a Comment » | Additional Insured, Asbestos, Duty to defend, Number of occurrences, Premises/operations (non-products) coverage | Tagged: Asbestos, CGL, Comprehensive General Liability, Duty to defend, Non-Products, Number of occurrences, Premises/operations (non-products) coverage | Permalink
Posted by Scott Godes
April 2, 2010
The Bureau of National Affairs recently wrote an article about a new court decision discussing directors and officers insurance coverage for officers of Stanford Financial Group. In the BNA Corporate Accountability Report, reporters Tom Edmondson and Tina Chi discussed the decision Pendergest-Holt v.
Certain Underwriters at Lloyd’s of London, No. 10-20069 (5th Cir. Mar. 15, 2010). (BNA has made the full text of the decision available here.) In the lede, Mr. Edmondson and Ms. Chi explained:
The Fifth Circuit’s recent ruling in Pendergest-Holt v. Certain Underwriters at Lloyd’s of London underscores the importance of the wording of the prerequisite provisions in the conduct exclusions in directors and officers insurance policies, corporate insurance attorneys told BNA in recent interviews.
The decision discussed the advancement of defense costs under a directors and officers insurance policy that the London insurance market (referred to as Lloyd’s of London in the story). The story discussed how the court interpreted policy exclusions and limitations, and that the court rejected the insurance company’s interpretation of how the money laundering exclusion applied.
The article also quotes me at the end, providing some pointers and best practices that I gave for policyholders in D&O and other insurance claim disputes. For example, the article states:
Insureds should also keep in mind that when they want to make a claim under an insurance policy, any
“high-dollar” potential loss, claim, or actual claim will likely cause the insurance company to seek opinions
from sophisticated coverage counsel that represent insurance companies, Godes said. “These insurance
attorneys will advise in terms of what provisions and exclusions may apply,” he said.
Thus, “insureds and policyholders are well advised to take the same approach as these insurance
companies and have counsel involved early so that they can better protect their own rights,” Godes said.
For the rest of my advice, you’ll have to check out the full article. My firm is hosting a copy of the article online, which can be found 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 present 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. 2010.
2 Comments | D&O Insurance, Defense Costs, Duty to defend | Tagged: D&O Insurance, Defense Costs, Duty to defend | Permalink
Posted by Scott Godes
March 3, 2010
Are you going to the 2010 Insurance Coverage Litigation Committee CLE Seminar that the American Bar Association Insurance Coverage Litigation Committee is hosting in Tucson, Arizona on March 4-6, 2010? If you are, please sign up for my roundtable presentation, “From Doctors to ‘E-tailers’: The Expanding Market of Cyber Risks and Coverages.” I will be speaking with my friend Dana A. Ferestein on the issues. We’re going to discuss cybersecurity threats and potentially available insurance coverage, along with tips to keep in mind when considering coverage issues under new policies.
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 present 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. 2010.
Leave a Comment » | Cloud computing, Cyber insurance, Data breach insurance coverage, Denial-of-service, Duty to defend, First party insurance coverage, Uncategorized | Tagged: Cloud computing, Cyber insurance, Data breach, Data breach insurance coverage, Denial-of-service | Permalink
Posted by Scott Godes
January 5, 2010
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 present 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. 2010.
2 Comments | 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 | Tagged: 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 | Permalink
Posted by Scott Godes
