Monthly Archives: November 2012

Bibeka Shrethsa quotes me in her article, “Insurers Grow Tentative About Coverage For Cloud Users”

Today, Law360 published another great piece about insurance coverage for cyberrisks, and insurance coverage for cloud-based risks in particular.  In her article, Insurers Grow Tentative About Coverage For Cloud Users, author Bibeka Shrestha addresses the issue of the growth of cloud computing, risks with cloud computing, and, perhaps most important, insurance coverage for cloud computing risks.

The article opens:

Insurers are starting to scrutinize coverage for companies using third-party data services, seeing cloud providers as especially vulnerable to hacking attacks, and with cyberpolicy language constantly evolving, attorneys say policyholders should pay closer attention to whether their cloud-related losses would be covered in the event of a breach.

Last year, hackers reportedly used Amazon.com‘s cloud service to launch a cyberattack that compromised the account data of more than 77 million Sony Playstation users. But that much-publicized data breach hasn’t slowed a trend of companies turning to . . .

The article then explains risks relating to cloud computing and insurance-related issues for cloud computing risks.  Ms. Shrestha quotes several people who deal with cloud computing, cyberrisks, cybersecurity questions, data breach issues, and insurance coverage for those risks and potential liabilities.  The article provides helpful information to companies that are buying cyberinsurance policies for cloud-based risks in the cloud.  Ms. Shrestha cites me and my advice multiple times in the article.  She reiterates my advice as to people who may be involved with purchasing cyberinsurance with coverage for the cloud, what coverages well-crafted cyberinsurance policies should include, and whether “additional insured” status may be available to cloud users from cloud providers.  You can see my comments and the rest of the article after the jump, with the full content available to subscribers of the Law360 site and its content.

Want to read the other opinions and thoughts offered on the subject?  Then click on over to Insurers Grow Tentative About Coverage For Cloud Users to read the entire 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 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. 2012.

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“Cybersecurity: Does Your Company Have Insurance For Claims Arising Out Of An Alleged Data Breach?”

HospitalityLawyer e-magazine recently published an article that my former colleague, Ken Trotter, and I wrote regarding insurance coverage for data breaches and cybersecurity risks.  It’s in the November 2012 edition of the magazine.  We discuss risks relating to data breaches, cybersecurity, and privacy, as well as what insurance might apply to provide coverage for those risks.  The article is focused on cyberrisks and insurance coverage for the hospitality industry.

The article’s lede is:

Cybersecurity risks, including data breaches, are among the most significant risks facing any company in the hospitality industry that receives what may be characterized as personally identifiable information, including credit card information.  When hackers, rogue current or former employees, or others steal or otherwise gain access to such personally identifiable information, the data breach may expose the company to liabilities under statutory and regulatory schemes and to third parties, resulting in significant costs to mitigate, remediate, and comply with the obligations arising out of the liabilities.

We then discuss insurance coverage for data breaches, cybersecurity risks, and other privacy-based risks.  We analyze coverage under commercial general liability (CGL) insurance policies and crime insurance policies, and provide comments and pointers regarding the scope of coverage under cyberinsurance policies.

If you are interested in reading the entire article, please click here and check out the article starting on page 8.

An archived version of the article, via the Internet Wayback machine, may 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. 2014.

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Join me for American Conference Institute’s 23rd Annual Bad Faith Litigation conference

Are you looking for a conference discussing bad faith, extracontractual liability, and other ways of obtaining damages beyond policy limits for insurer misconduct?  Of course you are.  Then you’ll want to join me in Orlando, Florida from Wednesday, November 28 to Thursday, November 29, 2012 for American Conference Institute’s 23rd Annual Bad Faith Litigation conference.

Here are the details from ACI’s website:

23rd National Advanced Forum on

Bad Faith Litigation

The essential forum that shapes the future of bad faith litigation strategies for leading outside counsel, in-house counsel and claims professionals in the insurance industry

Wednesday, November 28 to Thursday, November 29, 2012
Hyatt Regency Grand Cypress, Orlando, FL

To accommodate the devastation of Hurricane Sandy we are extending the discount deadline until Friday, November 16th.


Drawn from the best that the bar, the bench, and the industry have to offer, ACI’s 23rd Annual Bad Faith Litigation conference is fully revised and updated to bring you the most effective tactics and expert insights from seasoned in-house counsel, top law firms and renowned jurists

Bad Faith disputes continue to generate a significant amount of costly litigation. With increased institutional bad faith claims, courts and hostile juries handing down huge verdicts, and many states moving towards statutory bad faith laws, both insurance companies and policyholders are fighting an uphill battle in bad faith claims. Attorneys and in-house professionals must be prepared to effectively defend against, and bring, bad faith claims, and ensure they have the best strategies for resolving coverage disputes, managing discovery, and gaining the upper hand in bad faith lawsuits.

American Conference Institute’s 23rd Annual Advanced Forum on Bad Faith Litigation has been fully updated to offer crucial developments and winning litigation strategies to even the most experienced bad faith litigators, and provide in-house counsel and claims professionals with strategic and proactive ways to reduce bad faith claims. Get effective tactics from both the insurers and the policyholders and ensure the best result for your client. This year’s conference will feature:

  • Insurers In-house roundtable: This specialized in-house panel will focus on
    1) best practices in claims investigation and litigation decisions;
    2) settling bad faith claims and working with outside counsel;
    3) dealing with the insured; and much more
  • Viewpoints from the Policyholders Bar: Adapt your strategies to the new wave of claims being asserted and hear what key actions (or inactions) could lead your client into litigation
  • Discussions with distinguished jurists: Get valuable insight on effective theories and evidentiary issues, from state and federal judges that have presided over bad faith suits
  • Narrowly tailored panel sessions: Our narrowly tailored, comprehensive panels will shed light on the most effective ways to recognize bad faith set-ups, properly investigate a claim, litigate questionable coverage, manage discovery, respond to punitive damage claims and much, much more

Plus, complete your 2-day experience by also signing up for the interactive pre and post-conference Hotbed Workshops:
A. Adjusting Catastrophe Claims: A Focus on Recent Developments in the Gulf States
B. Florida C. California & Washington D. New Jersey & Pennsylvania
(B, C and D are concurrent on November 29, 2012 | 2:00 p.m.–4:30 p.m.)

Register now by calling 888-224-2480 or faxing your registration form to 877-927-1563.You can also register online at AmericanConference.com/BadFaith.

My panel is titled:  “View from the Policyholders’ Bar: Tailoring Your Bad Faith Strategies to the Latest Wave of Claims Being Asserted by Your Adversaries.”  My co-panelists and I will be discussing bad faith from the view of attorneys who represent corporate policyholders and corporate insureds in insurance coverage and insurance bad faith lawsuits and litigation.  I will talk about my experience with bad faith claims against insurance companies.  It should be a great panel and a good way for you to pick up some CLE credits in Florida.

The panel’s topics include:

  • Current bad faith claims being brought by policyholders
    • Facts supporting bad faith awards
    • How recent decisions are treating bad faith claims
    • Current bad faith trends, including punitives
  • New legislation and the effect on bad faith claims
  • Impact of differing policy terms and state laws on the duty to defend vs. the duty to indemnify
  • The need for outside counsel early in the claims process
  • The policyholders’ bar view on insurance company investigations
  • Insurers’ obligation to “do no harm” to a policyholder’s defense of underlying litigation
    • The interplay between coverage disputes and insurers’ duties regarding their policyholders’ defense of underlying claims

Interested in attending?  Click here:
Register Now

If you contact me by November 15, 2012, I can put you in touch with an organizer who should be able to offer you a discounted rate.

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. 2012.

Note:  as a speaker at the conference, I will not be charged a fee to attend the remainder of the conference.

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