Monthly Archives: December 2009

“Pay No Attention To The Insurer Behind The Curtain!”

discovery of reinsurance treaty

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 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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“Data Breaches Are Not Going Away Will Your Company Be Covered for Those Risks?”

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 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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“Discerning the Duty to Defend: When A Company is Incorrectly Named In A Lawsuit”

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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Presentation on Your Cyber Security Strategy — How to Capitalize on New Opportunities & Mitigate Risks

Interested in cyber security issues?  Please join me for the following program (now archived here), live or via webinar, presented by the Washington Metropolitan Area Corporate Counsel Association:

WMACCA Government Contractors Forum: Your Cyber Security Strategy — How to Capitalize on New Opportunities & Mitigate Risks

Dec 9, 2009
8:00 AM – 10:00 AM
LIVE at Gannett Co., Inc., 7950 Jones Branch Drive, McLean, Virginia OR by WEBCAST from your desk.

Overview

As the corporate world becomes more and more virtual, the need for cyber and data security has never been greater. Understanding the Administration’s new cyber security initiatives and changes on the legislative front can give companies a competitive advantage in developing comprehensive cyber security programs. If your business is grappling with emerging threats, limited funds, and slow procurement processes, you are not alone.  Find out how to capitalize on the opportunities available through the Safety Act and other mechanisms to protect your company, and how your insurance coverage policies may cover potential liabilities. This program will address what you need to know, what you need to do, and how to “just do it.”

Speakers

Presented by Scott N. Godes, [formerly] of Dickstein Shapiro LLP; David Kessler, Senior Corporate Counsel, Symantec Corporation; Kenneth A. Mendelson, Managing Director, Stroz Friedberg. Moderated by Brian E. Finch of Dickstein Shapiro LLP.

Notes

Breakfast will be provided on-site from 8:00 – 8:30 a.m.  The program and webcast will begin at 8:30 a.m.

Webcast Log-In Instructions:
1. Go to http://www.ec.commpartners.com
2. In the middle of the page where it says Meeting Number, type the following number –340258
3. Click Enter
4. Type your full name and e-mail address when prompted

CLE

Credits: 1.5 hour pending
State: Virginia
Category: General

Contact

Robin Hayutin
Phone: 703-242-8773
E-mail: robin.hayutin@wmacca.com

Location

LIVE at Gannett Co., Inc., 7950 Jones Branch Drive, McLean, Virginia OR by WEBCAST from your desk.

703-854-6000

Sign Up

Cost

Free of charge

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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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