Scott Godes

Author Archives: Scott Godes

Asbestos Insurance Litigation Audiocast with Live Q&A

Posted on July 1, 2010 by Scott Godes One comment

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.

Corporate Insurance Blog nominated to Lexis’ Insurance Law Community’s Top 50 Insurance Blogs for 2009!

Posted on June 22, 2010 by Scott Godes One comment

I was pleasantly surprised this evening to see that Lexis’ Insurance Law Community has nominated the Corporate Insurance Blog as one of its Top 50 Insurance Blogs for 2009. Here is how Lexis describes the Corporate Insurance Blog:

Corporate Insurance Blog

https://corporateinsuranceblog.com/

Written and Maintained by Scott Godes

This blog is for corporate policyholders, risk managers, and in-house counsel who deal with insurance policies, programs, purchases, renewals, claims, and recovery. It offers a fresh perspective, top notch writing, keen insight, and tackles the tough issues head on.

Thanks, Lexis, for the kind words!

If Lexis were taking viewer votes, I would ask that you surf over to the virtual polling place and When Lexis e-mails you with the link to vote (see the update below), please vote early and often for this humble blog. You can still comment on the Lexis ILC page to let them know that they made the right choice.

Update (6/29/10): My friend, Karen Yotis, who is the Community Manager – LexisNexis Insurance Law Center Content Development/Web 2.0, e-mailed me to give me more information about the ILC Top 50 Insurance Blog nomination. Karen explained that there will be voting, and it will take place via an e-mailed link at some point mid-July. So keep your eyes open. Karen also gave me the go-ahead to use the spiffy new graphic in the post.

Disclaimer:

Uncategorized

Join Me for “The Hot Buttons in Asbestos Insurance Litigation”

Posted on June 20, 2010 by Scott Godes Leave a comment

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:

“When Did ‘AIG’ Become A 4-Letter Word?”

Posted on June 9, 2010 by Scott Godes 2 comments

Remember “AIG”? Wasn’t it reported that “AIG [Had] Beg[un A] Name Change to AIU”? But was it the case, as CNNMoney stated, that “Maybe AIU sounded too much like AIG?” thereby leading to a “new company[, which] is Chartis“?

After the name change(s), what happens in insurance coverage disputes? Should AIG member companies be able to preclude the use of the name “AIG”? Insurance Law360 has published a piece that I wrote explaining why AIG member insurance companies should not be able to preclude the name “AIG” from ever seeing the light of day. Here’s the opening paragraph:

Remember the days when AIG was a company and a name with which the insurance companies within the AIG umbrella wanted to be affiliated? It seems that those days are long past. In fact, AIG insurance companies have asked courts to rule in limine that policyholders cannot even mention AIG at trial. Any such efforts should be rejected outright.

The piece notes that in “cases involving AIG member insurance companies, such as Lexington Insurance Company, National Union Insurance Company, and others, AIG likely was involved with the policy and the claim.” Then the piece discusses the reasons why the name “AIG” is relevant and not unduly prejudicial to the AIG member insurance companies. Want to see more? Click on through for the full article.

Disclaimer:

Uncategorized

“Insurance Coverage for Intellectual Property and Cybersecurity Risks.”

Posted on May 19, 2010 by Scott Godes 2 comments

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:

“High School Laptop Privacy Controversy Triggers Coverage Debate”

Posted on April 29, 2010 by Scott Godes 2 comments

My friend Tom Hagy, of HB Litigation Conferences, was thinking about the potential insurance implications for a hypothetical situation where a school gives a student a laptop, and then the school allegedly uses the laptop’s camera to take pictures of the student. What insurance might apply, Tom wondered, to a claim brought against the school by the student? He asked me for some comments.

You can find the full exchange at Tom’s blog post: “High School Laptop Privacy Controversy Triggers Coverage Debate.” Here is a snippet of the exchange on the issue, including thoughts from me and my former colleague, John Gibbons:

A Quick Policyholder View (Replies Encouraged)

So a high school student takes home a school laptop. The school allegedly used the laptop’s video security system to monitor and snap photos of the sophomore. His family sued. The school filed an insurance claim. The carrier sued for a declaration of no coverage. I think that’s where we are so far.

Naturally we at HB are curious about any disputes over insurance coverage, so I asked Scott Godes of Dickstein Shapiro, one of the speakers at HB’s upcomingNetDiligence Cyber Risk & Privacy Liability Forum, for some quick thoughts on the matter. Below is what Scott had to say. We’re looking for other points of view. Please send them to me at tom.hagy@litigationconferences.

Text of Comments from Scott Godes at Dickstein Shapiro . . . .

Without addressing specifically a set of facts or particular insurance policies, I am happy to give the following thoughts about what a policyholder would want to know. I was talking about this type of issue with my colleague John Gibbons, and we had the following thoughts.

First, a denial of coverage is not the end of the line for a policyholder; rather, it is a new beginning for the policyholder. If the policyholder has not already done so, it will need to engage counsel that is experienced in insurance coverage disputes. As you know from your work at HB Litigation Conferences, insurance coverage is a complicated area of the law, with sophisticated counsel representing insurance companies. . . .

Want to read the rest of the post, including the full set of comments from John and me? Click over to High School Laptop Privacy Controversy Triggers Coverage Debate to read more.

Disclaimer:

Join me for the “Asbestos Insurance Litigation Conference.”

Posted on April 15, 2010 by Scott Godes Leave a comment

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:

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

Directors and officers insurance coverage for Stanford Financial Group losses.

Posted on April 2, 2010 by Scott Godes 2 comments

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:

Can companies that recycle waste into other products ensure insurance coverage?

Posted on March 17, 2010 by Scott Godes One comment

In Christie Smythe’s article “Innovative Recycling Cos. Battle Pollution Exclusions” for Law360, she discusses whether companies “that recycle waste by converting it into products — turning tires into mulch or turkey offal into biodiesel, for instance” will get coverage for pollution-based claims, even if the policyholders told their insurance companies about the nature of their business. The story is an interesting tale of companies that convert energy byproducts and agricultural waste into other products and their efforts to get insurance coverage for claims against them.

Ms. Smythe was kind enough to quote me at the end of the article. I explained a best practice for corporate policyholders, in light of insurance industry practice. Want to read the quote? Click on over to the full article to read more.

Disclaimer:

Please join me for the NetDiligence® Cyber Risk & Privacy Liability Forum

Posted on March 16, 2010 by Scott Godes Leave a comment

	Dickstein Shapiro LLP is pleased to announce that Scott Godes, Esq. is speaking on the Are You Covered When Hackers Get Through? session at this conference.

NetDiligence® Cyber Risk & Privacy

Liability Forum

Date: June 7-8, 2010

Price: Risk Managers, CFOs: $795*;

Insurers, Brokers, Policyholders: $895*; Attorneys: $1,195*

Location: The Union League, 140 South Broad Street, Philadelphia, PA

CLE Credit: 6-8 CLE credits (CPD and CPCU credits also available), depending on state requirements. View the CLE credit details.

Mention promo code COB10A when you register for the live event and save $100!**

Chairs

Nicholas Economidis, Specialty Lines, Beazley Group

John Mullen, Sr., Esq., Nelson Levine de Luca & Horst,

Chair of Complex Litigation Practice Group

Robert Parisi, Jr., SVP, National Practice Leader for

Tech/Telecom E&O, and Network Risk, Marsh FINPRO

What You Will Learn

(For a complete agenda and faculty listing, click here.)

Keynote Address by Keith Morales of The Federal Reserve Bank of Philadelphia
Data Breach Liability: An Unstable Legal Environment
Cyber Security and Privacy Liability Concerns: The Risk Managers Speak
Regulatory Trends Briefing
Loss Control-Assessing & Quantifying Network Risks
Responding to a Data Breach
Design and Implementation of an Incident Response Plan
Solving Special Computer Security Issues
Are You Covered When Hackers Get Through?
Looking Into the Crystal Ball: Future Insurance Needs

To learn more or register for this conference,

please call 484-324-2755 or click here.

*All cancellations must be received in writing. Full refunds will be issued if cancellation requests are received 4 weeks before the event begins. Credits, good for 6 months from date of issue, will be issued if cancellation requests are received 3 weeks before the event begins. HBLC reserves the right to cancel any of its programs. Speakers, sessions and times are subject to change.

**Limit one discount per registrant. Discount cannot be combined with any other offer. Offer valid at the live event only and on new registrations only.

CAN’T ATTEND?

You can still benefit from this program! Audio/video 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, call 484-324-2755, or email Allison.Emery@litigationconferences.com.

Disclaimer:

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

Check out my article, “At Risk: Insurance Coverage for Cyber Security and Data Breaches” in Strategize Magazine.

Posted on March 11, 2010 by Scott Godes 2 comments

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:

“Issues Confronting Insureds and Excess Insurers in Large-Scale, Long-Tail Claims”

Posted on March 10, 2010 by Scott Godes Leave a comment

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 former 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:

“From Doctors to ‘E-tailers’: The Expanding Market of Cyber Risks and Coverages.”

Posted on March 3, 2010 by Scott Godes Leave a comment

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:

Join me for “The Hot Buttons in Asbestos Insurance Litigation.”

Posted on February 19, 2010 by Scott Godes Leave a comment

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:

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

Join Me at the NetDiligence® Cyber Risk & Privacy Liability Forum!

Posted on January 28, 2010 by Scott Godes One comment

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, [formerly] 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:

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

A blog post so nice, it had to be published twice.

Posted on January 15, 2010 by Scott Godes One comment

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:

“Guest View: Insurance for the cloud”

Posted on January 5, 2010 by Scott Godes 2 comments

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 former 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:

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

Posted on December 10, 2009 by Scott Godes One comment

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:

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

Posted on December 3, 2009 by Scott Godes 3 comments

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:

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

Posted on December 2, 2009 by Scott Godes 3 comments

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