Monthly Archives: June 2009

Interested in joining me for a teleconference regarding insurance coverage for data breaches?

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Dickstein

Private Data Breaches – Insurance Coverage Implications & Prevention

Are You Covered When Hackers Get Through?

Wednesday, July 15, 2009

2:00 – 3:40pm EST

$149 – unlimited listeners; $99 – single listener

1.5-2.0 CLE Credits

[formerly] Dickstein Shapio Counsel, Scott Godes, Esq., will speak on this upcoming teleconference.  The program will discuss:

  • An overview of data breach incidents
  • Does a company have coverage for data breaches?
  • An overview of current insurance coverage cases relating to data breaches
  • Advising clients who have been hacked
  • Top recommendations for clients to prevent data breaches and to secure coverage for future incidents

To register for this teleconference, please click here.

telecon

CAN’T ATTEND?

You can still benefit from this teleconference! Audio recordings are available now.  Individually priced and packaged, each recording captures the information and insights delivered by our faculty. Listen to experts, gain new perspectives, and learn proven techniques. For more information, click here or contact Allison Emery at 484-324-2755 x205 or Allison.Emery@litigationconferences.com.

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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. 2009.

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Kirk Hartley Offers Commentary On My Post Regarding The Definition of Occurrence in Insurance Policies

Kirk Hartley, one of the prolific authors of GlobalTort, just posted “Commentary On The Definition of Occurrence in Insurance Policies – Another Reason GCs for Insureds Get Grey Hair Managing Legacy Claims,” in which he commented on my post, “Is Uncertainty Over the Meaning of “Occurrence” Susceptible to a Drafting Solution?”

Kirk says that it’s “[a]n interesting post,” the original and complete version of which is found over at the Adams Drafting blog, because Ken Adams, Adam Scales, and I address an issue that Kirk says will cause “[b]illions and soon trillions of dollars [to] change hands based on the meaning given or found by court’s deciding insurance coverage cases for underlying toxic tort cases.”

Kirk was kind enough to conclude that “[t]he following words from Scott are key:”

Although the term was designed to be a clarification of coverage, it comes as no surprise to someone who represents policyholders when claims have been denied that insurance companies would have courts believe that instead, “occurrence” was designed to support coverage denials or limitations. Insurance companies also are happy to argue conflicting interpretations of “occurrence,” depending on which interpretation will mean less coverage for the policyholder in the dispute at issue.”
Kirk, thanks very much for commenting on the post!  And for those of you with an interest in mass tort litigation questions, both in the national and international arenas, be sure to visit GlobalTort and add its feed to your news reader, as I’ve done.

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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. 2009.

Is Uncertainty Over the Meaning of “Occurrence” Susceptible to a Drafting Solution?

Ken Adams, who runs the Adams Drafting blog, is a Lecturer in Law at the University of Pennsylvania Law School, and the author of the Manual of Style for Contract Drafting, asked me to write some commentary regarding the drafting of insurance policies and the interpretation of “occurrence.”  I was honored by the request, because Ken has been described as “a leading authority on modern and effective contract drafting.”

Ken asked, on his blog:

Can astute contract drafting can forestall all contract disputes? No, it cannot. Most contract disputes, sure. But not all.

Ken thought about this issue in the context of insurance policies, specifically, as to the interpretation of the term “occurrence.”

So here’s my question: Couldn’t insurance companies draft policies—and an insurance policy is just another kind of contract—in such a way as to bring clarity to the meaning of “occurrence”?

Ken, however, explains that he is not an expert in the area of insurance.  To get some perspective on the issue, he turned to Professor Adam Scales and me:

Normally I think through such issues on my own. But I know next to nothing about insurance, and I’m not inclined to give myself a crash course in the subject, so for my own edification I consulted two people who have experience with this issue. I offer you their thoughts, in case this is an issue of any interest to you.

In my discussion of the issue, I explain:

The meaning of “occurrence” is a question that has been contested for some time in courts across the United States, with questions of whether potential or actual underlying liability against a policyholder is considered an occurrence, and, if so, just how many occurrences are there under one or multiple insurance policies. Adding to the complexity, the question has been answered in multiple ways by state and federal courts (not to mention arbitrators) across the country.

* * *

Although the term was designed to be a clarification of coverage, it comes as no surprise to someone who represents policyholders when claims have been denied that insurance companies would have courts believe that instead, “occurrence” was designed to support coverage denials or limitations. Insurance companies also are happy to argue conflicting interpretations of “occurrence,” depending on which interpretation will mean less coverage for the policyholder in the dispute at issue.

For the conclusion that I offer, as well as the comments that Ken Adams and Adam Scales offer, head on over to the Adams Drafting blog to read more.

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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. 2009.

Private Data Breaches – Insurance Coverage Implications & Prevention

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On July 15, 2009, I’m going to be speaking at a teleconference for my friends at HB Litigation Conferences.  The conference is:

Private Data Breaches – Insurance Coverage Implications & Prevention

Are You Covered When Hackers Get Through?

Here’s the agenda:

Are You Covered When Hackers Get Through?

  • An overview of data breach incidents
  • Does a company have coverage for data breaches?
  • An overview of current insurance coverage cases relating to data breaches
  • Advising clients who have been hacked
  • Top recommendations for clients to prevent data breaches and to secure coverage for future incidents

I’ll be joined by Arturo Perez Reyes, Saylor & Hill Company, A Barney & Barney Company, Oakland, CA and Timothy Delahunt, Esq., Kenney, Shelton, Liptak & Nowak, L.L.P., Buffalo, NY.

Please join us for the teleconference!  I’m looking forward to speaking at the event and talking about insurance coverage for data breaches, an issue that could affect just about any company out there.  If you’re interested in joining us, surf on over to the conference page on HB Litigation’s site, and sign up!

Date: July 15, 2009
Time: 2:00-3:40 pm ET
Price: $149 – unlimited* (includes CLE for 1 listener); $99 – single (includes CLE for 1 listener)

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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. 2009.