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Join me for the Second Annual NetDiligence® Cyber Risk & Privacy Liability Forum!

Posted on February 9, 2011 by Scott Godes One comment

Want to learn about cybersecurity, cyberinsurance, privacy liability, cyberrisk, and other issues relating to privacy and network security, and insurance coverage for those risks? Of course you do.

And you want to hear this from people who are recognized throughout the industry, including brokers selling cyberinsurance, underwriters writing and selling the coverage, and insurance attorneys who handle the claims and write coverage opinions about the risks, don’t you? Of course!

What’s that, you want all of that, and CLE credit, too? Done.

If you’re looking for all of that and more, organized and hosted by my good friends at HB Litigation Conferences, please join me for the:

NetDiligence® Cyber Risk & Privacy Liability Forum

Date: June 9-10, 2011
Location: The Union League, 140 South Broad Street, Philadelphia, PA
Chairs: Richard Bortnick, Esq., Cozen O’Connor, West Conshohocken, PA
Oliver Brew, Senior Vice President of Technology – Media and Telecoms Underwriting, Hiscox USA, New York
Toby Merrill, VP & National Privacy, Technology & Media Liability Product Manager, ACE Professional Risk
Meredith Schnur, Professional Risk Group, Wells Fargo Insurance Services USA, Inc., New York

Delegate Rates

Attorneys: $1,195**; Insurers & Brokers: $895**; Risk Managers and CFOs: $795**

Agenda and Speakers

Register Now! Conference Venue and Hotel

The Union League is located at 140 South Broad Street, Philadelphia. A block of rooms has been secured for Wednesday, June 8th and Thursday, June 9th at a rate of $189 for a standard room and $239 for a suite. The rate includes complimentary breakfast for (2) guests per room, use of our fitness center and complimentary internet. For reservations, please call 215-587-5570 and refer to the HB LITIGATION CONFERENCE room block. If you have any questions or need assistance, please contact Cyndy Noonan at cyndy.noonan@litigationconferences.com or 484-324-2755×201.

Group Discounts

Group Discounts are available. Please contact Brownie Bokelman at 484-324-2755 x212 or Brownie.Bokelman@litigationconferences.com. Groups of 5+ and Passport Packages are available for additional savings for your firm’s practice group or legal department or for package pricing for a single conference or a series of conferences.

My panel will be:

GL vs. Network Security

GL underwriter panel topic, GL vs. AIPI claims

Other’s insurance & concurrent insurance

Forgotten insurance agreement-when does adv.
injury under a GL stop and where does injury begin
under media policy

Coverage and how the policies respond

Moderator: Thomas Srail, Senior Vice President-Willis Executive Risks, Willis North America
Shannon Giese, Financial Services Group–Professional Risk Solutions, A Division of Aon Risk Services Northeast, Inc.
Scott Godes, Esq., [formerly] Dickstein Shapiro LLP
Richard Reed, Vice President & Worldwide Commercial Errors and Omissions Product Manager, Chubb Specialty Insurance, Warren, NJ

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. 2011.

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

AgentsOfAmerica.ORG features my post: “Insurance Coverage for Cyberattacks and Denial-of-Service Incidents”

Posted on October 8, 2010 by Scott Godes Leave a comment

If your business suffered losses from a cybersecurity incident, a denial-of-service attack, or some other computer-, network-, or internet-related event, would you know whether your insurance would cover the losses? If your insurance company denied your claim, would you know whether the insurance company had done so properly?

Well, if you’d like some additional thoughts on these issues, check out my post at the AgentsOfAmerica.ORG website. They posted my piece titled, “Insurance Coverage for Cyberattacks and Denial-of-Service Incidents” and also featured it in their newsletter. In my post, I discuss insurance coverage for cyberattacks, cybersecurity events, denial-of-service (DDoS) attacks, and more. I note a couple of recent cases finding in favor of insurance for these sorts of events under commercial general liability (CGL) insurance policies as well as new cyber insurance policies.

So head over to the AgentsOfAmerica.ORG site and check out my post to see more!

Disclaimer:

Video clip about insurance coverage for data breaches, from the NetDiligence® Cyber Risk & Privacy Liability Forum.

Posted on August 12, 2010 by Scott Godes One comment

HB Litigation Conferences and NetDiligence hosted the Cyber Risk and Privacy Liability Forum in Philadelphia on June 7 and 8, 2010. During the conference, I was on a panel discussing insurance coverage for data breaches. One of the topics that I covered was whether a Commercial General Liability (CGL) insurance policy provides coverage for data breaches. I argued that it does, and explained why. Here’s a short video clip that my friend Tom Hagy created in which I discuss why there is insurance coverage for data breaches and cybersecurity events.

Click here for the video.

Disclaimer:

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

“LexisNexis® Insurance Law Community Podcast featuring Scott Godes . . . on Cyber Liability Insurance Coverage”

Posted on July 23, 2010 by Scott Godes 2 comments

LexisNexis was kind enough to have me record a podcast regarding insurance coverage for cyber liabilities. As LexisNexis states on the Insurance Law Center:

On this edition, Scott Godes discusses the types of cyber liabilities facing companies today, what to do, in terms of insurance, if a cyber incident or data breach occurs and types of policies that provide coverage for a cyber event. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/insurancelaw/.

If you’d like to hear the entire podcast, 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. 2010.

Join me for ACI’s 4th Annual Advanced Forum on Cyber & Data Risk Insurance.

Posted on July 9, 2010 by Scott Godes One comment

Interested in learning more about cybersinsurance and cybersecurity? How about coverage for data breaches, cybersecurity events, and other computer risks? Then please join me for American Conference Institute’s:

4th Annual Advanced Forum on

Cyber & Data Risk Insurance

Monday, September 27 to Tuesday, September 28, 2010

The Helmsley Park Lane Hotel, New York, NY, United States

Cyber and data risk insurance is becoming critical to businesses that operate online, as cyber-attacks are increasing exponentially in terms of frequency, scope, costs and overall impact. With even the best compliance practices in place, it is impossible to guarantee that the private information of consumers and employees will be protected. State Attorneys General and the Federal Trade Commission are becoming more active in investigating and penalizing companies who fail to adequately prevent or respond to a data breach. Additionally, there has been an increase in federal and state legislation and a rise in private actions in the form of mass class actions that are sure to significantly impact this industry.

Demand for cyber and data risk insurance is growing rapidly as businesses are focusing their efforts to address their information risk and data security needs.Broader cyber risk insurance policies have emerged, covering costs relating to responding to a data breach including: notification costs, credit monitoring costs, forensic investigations, call center support, public relations and defense of a claim brought by individuals or federal and state officials.

In light of these risks and exposures, it is critical that you are up to date with the trends in the fast evolving area of cyber and data risk insurance. That is why American Conference Institute developed our successful and well-attended Cyber & Data Risk Insurance Conference in September 2007 and the response in 2008 and 2009 was even better. To those who have attended, come to this 4th annual event — now in New York City — for a revised and updated agenda and to hear from the best and the brightest in the industry, including the FTC, the OTS, the FBI, 2 State Attorneys General and an Assistant Attorney General. For first-time attendees, this conference is your best opportunity to get the tools you need to learn about the new policies, including pricing and negotiating specific coverage, mitigating risks associated with e-business, and to learn strategies so that you can maximize your profitability while minimizing your potential liabilities.

The security and safeguarding of information is vital to protect an organization from financial and reputational loss. This conference is your best opportunity to network with industry insiders, compare products and strategies and to learn valuable information on potential risks and liabilities so that you can put the appropriate insurance protection and risk management practices in place.

Be sure to also register for the Post-Conference Workshop: Negotiating and Drafting Cyber Risk Provisions and Policies

September 28, 2010; 2:00 p.m. – 5:00 p.m.

Back by popular demand with updated content to reflect new developments and additional workshop leaders to walk you through the ins and outs of negotiating and drafting this highly specialized coverage.

Register now by calling 888-224-2480, faxing your registration form to 877-927-1563 or registering online.

Dates:

Mon, Sep 27, 10

Tue, Sep 28, 10

Location:

The Helmsley Park Lane Hotel

New York, NY, United States

My panel, What Policy Holders Are and Should Be Looking for in Cyber and Data Security Coverage, will be covering:

Coverage considerations: What liability and first-party coverages are desirable?

Reasons companies have or have not bought coverage

How standards are evolving in response to new technology threats

Consumer redress: when is it covered and when not?

Coverage for liabilities (including defense and other costs) and first party losses

intentional violations

coverage for electronic and non-electronic loss

Implementing privacy and data security compliance and policies

Disclaimer:

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

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:

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

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:

“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.

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:

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.

“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

Disclaimer:

New content coming!

Posted on October 29, 2009 by Scott Godes 2 comments

Loyal readers, I know that I have not updated the site with new content for longer than I’d prefer. Rest assured that I have been working on a number of pieces, all of which are close to being finished. I’ll either make them available here or put links here so that you can get to the content.

But for those of you who are hungry for more content, here’s an overview of the pieces that are coming:

Disclaimer:

Video CLE: Insurance Coverage for Premises/Operations (“Non-Products”) Claims

Posted on September 29, 2009 by Scott Godes Leave a comment

The fine folks at LexisNexis have created an online Continuing Legal Education center in the Insurance Law Center. They’ve created a CLE out of the presentation that I gave for HB Litigation Conferences regarding insurance coverage for asbestos premises/operations claims (often, claims against premises owners or insulation contractors). You can find the CLE, titled Emerging Trends in Asbestos Litigation: Insurance Coverage Issues for Asbestos Non-Products, by clicking here.

Disclaimer:

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

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