Category Archives: CGL

Pleased to be quoted in “Increased Cyber Losses Means More Insurance Coverage Disputes.”

insurance coverage litigation

 

As noted previously here, at Barnes & Thornburg LLP‘s Policyholder Protection blog, I’m pleased to note that I was quoted in Business Insurance’s article, “Increased Cyber Losses Means More Insurance Coverage Disputes.” For further details, I welcome you to check out the original post.

 

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. 2015.

Please check out: “The Alleged LivingSocial Hack and Data Breach Highlights Importance of Insurance for Cyberrisks.”

The Policyholder Informer blog of the insurance coverage and insurance recovery practice of my formerComputer security concept firm, Dickstein Shapiro LLP, had featured my post, “The Alleged LivingSocial Hack and Data Breach Highlights Importance of Insurance for Cyberrisks.”

The introduction to the post read:

On April 26, 2013, there were reports that LivingSocial had been hacked and suffered a data breach. A page on LivingSocial’s website stated: “The information accessed includes names, email addresses, date of birth for some users, and encrypted passwords — technically ‘hashed’ and ‘salted’ passwords.” CNNMoney reported that data for more than 50 million customers may have been accessed. With similar data breach events taking place seemingly with more frequency, it is critical that entities understand whether they have insurance that provides coverage for such risks.

The post provided details of insurance coverage for data breaches and hacks.  It discusses cyberinsurance, crime insurance, CGL insurance, and other insurance policies, and whether and how they could provide insurance for data breaches.  The entire post has been archived by the Internet Archive Wayback Machine, and may be found by clicking here.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. 2013.

Please check out: “Seeking Insurance Under Someone Else’s Policy? Tips for Companies Requiring Additional Insured Status.”

The insurance coverage and insurance recovery practice of my formerDanger - Construction Area firm, Dickstein Shapiro LLP, has a new blog, Policyholder Informer.  The Policyholder Informer blog is featuring my post, “Seeking Insurance Under Someone Else’s Policy? Tips for Companies Requiring Additional Insured Status.”

The introduction to the post reads:

If your company is in the construction field, then you know it well: the request to be added as an additional insured to another company’s insurance policy. For example, general contractors (GC) often require subcontractors to add the GC as an additional insured to the subcontractor’s insurance policy. That continues down the line of subcontractors and sub-subcontractors.

I also give five initial pointers regarding additional insured coverage for companies requesting additional insured status.  The Internet Wayback Machine has an archive of the post, which you can check out by clicking 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.

Please check out my VentureBeat article, “Risky business: How cloud tech & mobile workers add up to an insurance nightmare”

Cloud Computing on TabletVentureBeat recently published an article that I wrote regarding the cloud and insurance coverage for cloud-based risks.  I discuss the rise of cloud computing within the enterprise, including the use of personal cloud providers by employees that bring their own device (BYOD), potential risks related to the cloud, and insurance coverage for cloud-based risks.  I discuss whether and what types of insurance policies might cover cloud-based risks.  I also give tips on what companies should consider when purchasing insurance policies for cloud-related risks.

If you are interested in reading the entire article, 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. 2013.

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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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Video clip about potential insurance coverage for statutory based damages relating to data breaches and blast fax claims.

My good friends at HB Litigation Conferences posted a video from their 2012 East Coast NetDiligence Cyber Risk and Privacy Liability Forum that took place in Philadelphia on June 4-5, 2012.  In this video clip, I respond to moderator Ted Kobus‘ question about whether statutory damages, imposed after a data breach, are covered under liability insurance policies.

If you’re interested in cyber risks, data breaches, insurance coverage for cyber risks, insurance coverage for data breaches, and underwriting, brokering, buying, or selling cyberinsurance or privacy insurance, be sure to check out HB’s upcoming West Coast NetDiligence® Cyber Risk and Privacy Liability Forum, on October 11-12, 2012, in Marina del Rey, Calif.

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 was not charged a fee related to the conference.

Bibeka Shrethsa quotes me in her article, “Michaels Has Edge In Data Theft Coverage Suit, Attys Say”


PIN pad terminalIn her article, Michaels Has Edge In Data Theft Coverage Suit, Attys Say, author Bibeka Shrestha writes about an insurance coverage dispute relating to cyber risks, including coverage for putative class actions allegedly relating to the theft of credit card and debit card information. The policyholder and the insurance company dispute whether there is insurance coverage for the claim under commercial general liability (CGL) insurance policies.

The article opens:

Arch Insurance Co. told an Illinois federal court Friday that it doesn’t have to defend Michaels Stores Inc. against a slew of putative data breach class actions because no private information was published, but policyholder attorneys say courts have in the past broadly interpreted what counts as “publication.”

The article then explains the basis of the dispute: “The coverage dispute involves seven putative class actions claiming that Michaels failed to prevent criminals from tampering with PIN pad terminals at its stores and stealing customers’ credit and debit card information.”

Ms. Shrestha quotes me in the article. She also notes my views that there is favorable, “policyholder-friendly” rulings regarding personal and advertising injury coverage for privacy, cybersecurity, and data breach claims under CGL insurance policies. The quotes and references all are after the jump, and the full content is available if you or your firm subscribe to the Insurance Law360 site and its content.

Want to read the other opinions and thoughts offered on the subject? Then click on over to Michaels Has Edge In Data Theft Coverage Suit, Attys Say 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.